Rajamony v. Stanley

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE. S. SOUNTHAR Rajamony ...Plaintiff/Appellant/Appellant /Vs./ 1.Stanley 2.Jenil Senthil Kumar 3.Yesudas 4.Kichipiyan 5.Rajendran 6.Thankappan 7.Christopher Pal 8.George 9.Thanka Nadar 10.Jabamony 11.Alankamony 12.Thankayyan(died) 13.Thanka Nadar 14.Gnanaraj 15.Cicil 16.Thanka Vadivu 17.Chelladurai 18.Chellappan 1/4

19.Ponnappan 20.Joseph 21.Baby 22.Thankammal 23.Mohan ...Defendants 2 to 23 / Respondents 2 to 23 /Respondents [Respondents 3, 7 to 12, 21 and 22 remained ex-parte in the lower appellate Court, Notice need not go to them in the second appeal] [Respondent No.23 is brought on record as legal heir of the deceased 14th respondent vide Court order dated 20.12.2022] PRAYER: Second Appeal filed under Section 100 of Code of Civil Procedure, to set aside the judgment and decree dated 12.10.2004 of the learned First Additional Subordinate Judge, Nagercoil, (Camp at Padmanabhapuram), made in A.S.No.128 of 2001 on his file, confirming the judgment and decree dated 17.08.2001 of the learned Additional District Munsif of Padmanabhapuram and made in O.S.No.240 of 1995 on his file.

For Appellant : Mr.K.N.Thambi For R4, R6, 16 17 and 19 : Mr.C.Godwin

JUDGMENT

The learned counsel for the appellant has filed a memo seeking leave of this Court to withdraw the second appeal. 2/4

2.Leave is granted. Accordingly, the Second Appeal is dismissed as withdrawn. However, there will be no order as to costs. 19.01.2023 Index: Yes / No Internet: Yes / No ta TO:

1.The First Additional Subordinate Court, Nagercoil (Camp at Padmanabhapuram) 2.The Additional District Munsif Court, Padmanabhapuram 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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S. SOUNTHAR, J.

ta Judgment made in Dated:

19.01.2023 4/4