Rasu Thevar v. Selvam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.M.P.(MD)No.4093 of 2023 in & S.A.(MD)No.SR21955 of 2023 Rasu Thevar ... Appellant /Vs./ 1.Selvam 2.The State of Tamilnadu, Representing through its District Collector, Collectorate Buildings, Gandhi Nagar, Madurai - 20.

3.The Tahsildar, Taluk Office Campus, Thirumangalam, Main Road, Madurai District.

... Respondents 1/4

P RAYER in C.M.P.(MD)No.4093 of 2023 : Petition filed under Section 5 of the Limitation Act, to condone the delay of 72 days in filing the instant Second Appeal in S.A.(MD)No.SR21955 of 2023.

P RAYER in S.A.(MD)No.SR21955 of 2023 : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree passed in A.S.No.101 of 2018, on the file of the Subordinate Judge, Thirumangalam, dated 18.12.2020, confirming the judgment and decree passed in O.S.No.210 of 2016 on the file of the Additional District Munsif Court, Thirumangalam, Madurai District dated 31.08.2018 and set aside the same as illegal.

For Appellant : Mr.M.Ananthkumar

JUDGMENT

The learned Counsel for the petitioner / appellant seeks permission of this Court to withdraw the Civil Miscellaneous Petition and he has made an endorsement to that effect in the Court bundle. 2/4

2. Accordingly, this Civil Miscellaneous Petition is dismissed as withdrawn and consequently, the Second Appeal is also dismissed as withdrawn in the SR stage itself. There shall be no order as to costs. 17.04.2023 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:

1.The Subordinate Judge, Thirumangalam.

2.The Additional District Munsif Court, Thirumangalam. 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

Judgment made in C.M.P.(MD)No.4093 of 2023 in & Dated:

17.04.2023 4/4