Madras High CourtSA(MD)/534/2006withdrawn dismissed

Subbian Nadar (Died) v. Nessammal

2023-08-16Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.08.2023

CORAM

THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY and M.P(MD)No.1 of 2006, 1 and 2 of 2014 1.Subbiah Nadar (died) 2.Sumathi Bai.

3.Chandrasekaran 4.Rajasekaran 5.Krishnaveni alias Umamaheswari 6.Sivakami (a) Malar 7.Rajkumari (a) Kanmani 8.C.Gnanamma 9.SK.Suseela 10.S.Lysal 11.S.Santhakumar 12.S.Rajeswari 13.S.Soudeswari 14.S.Ambika 15.S.Asoka Rajan 16.S.Ramesh Vijil Rani 17.S.James Rajan (A8 to A17 are brought on record as LRs of the deceased 1st appellant vide order dated 03.02.2007 made in M.P(MD)No.2 of 2007) ... Appellants -vs1/4

1.Nesammal 2.Muthammal (died) 3.Sarasammal 4.Kumaravel 5.T.Paul Thankam 6.T.Chellathankam 7.T.Rajathankam 8.T.Baby Thankam 9.T.Raja Gopaldhas 10.T.Jeyakumaradhas 11.T.Krishnaveni 12.T.Pappa 13.K.Karuna 14.K.K.Bensam Dhas 15.K.K.Chitra (R5 to R15 are brought on record as LRs of the deceased 2nd respondent vide order dated 04.01.2013 made in MP(MD)Nos.1 to 3 of 2009) ... Respondents PRAYER: Second Appeal filed under Section 100 Code of Civil Procedure against the Judgment and Decree dated 09.11.2004 made in A.S.No.106 of 2003 on the file of the District Judge, Kanyakumari reversing the Judgment and Decree dated 09.06.2003 made in I.A.No. 146 of 2001 in O.S.No.61 of 1972 on the file of the Sub Judge, Padmanabapuram.

For Appellants ... Mrs.J.Anandhavalli For Respondents ... No appearance 2/4

JUDGMENT

The learned counsel appearing for the appellants seeks permission of this Court to withdraw this second appeal since the matter is settled out of Court. She has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the appellants, this Second Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed.

16.08.2023 NCC : Yes/No Index : Yes/No Internet: Yes skn To:

1.The District Judge, Kanyakumari.

2.The Sub Judge, Padmanabapuram.

3.The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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KRISHNAN RAMASAMY, J.

skn and M.P(MD)No.1 of 2006, 1 and 2 of 2014 16.08.2023 4/4