Sreekumari Devi,D/O.Parvathi v. Swaminathan Nadar,S/O.Kunjan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 30.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Sreekumari Devi 2.Girish 3.Kumar : Appellants Vs.

1.Swaminathan Nadar 2.Rosamma 3.Vivekananda 4.Ananda Jothi 5.Sadananthi 6.Elizabath 7.Babu 8.Aali 9.Joseph 10.Thomas 11.Sathiadhas 1/5

12.Alphonse Chellappan Nadar (died) 13.Rayappan 14.Nelson 15.Rugminibai 16.Anthony 17.Thankammal 18.Thankavadivu 19.Thankabai 20.Ponnupilla 21.Muthuswamy 22.Selvaraj 23.Chellan 24.Ramakrishnan 25.Maheswaran 26.Saraswathi 27.Escava Therasammal (died) 28.Sreenivasan 2/5

29.Vijayan 30.Sankar : Respondents (Respondents 2, 4 to 6, 8 to 16, 18 to 22 and 25 to 28 did not appear in the lower appellate Court in A.S and hence service of notice on them may be dispensed with in the second appeal) Prayer : Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree, dated 24.08.2018 made in A.S.No.13 of 2007 on the file of the Subordinate Judge, Kuzhithurai, confirming the judgment and decree, dated 01.09.2006 made in O.S.No.405 of 2000 on the file of the II Additional District Munsif Court, Kuzhithurai. For Appellants : Mr.K.N.Thampi For Respondents : Mr.H.Thayumanasamy, for R1, R3 to R5. : Respondents 6, 8 to 16, 18 to 22, 25 to 28 - Dispensed with.

: No Appearance, for 7, 17, 23, 24, 29, 30.

JUDGMENT

The second appeal is directed against the judgment and decree made in A.S.No.13 of 2007, dated 24.08.2018 on the file of the Subordinate Judge, Kuzhithurai, confirming the judgment and decree, dated 01.09.2006 made in O.S.No.405 of 2000 on the file of the II Additional District Munsif Court, Kuzhithurai.

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2. This matter is listed today under the caption 'for withdrawal'.

3. When the matter is taken up for hearing today, the learned counsel appearing for the appellants seeks permission of this Court to withdraw this appeal and he has also filed a memo to that effect.

4. Recording the same, the Second Appeal is dismissed as withdrawn. No costs.

30.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das To 1.The Subordinate Judge, Kuzhithurai.

2.The II Additional District Munsif Court, Kuzhithurai.

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

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K.MURALI SHANKAR ,J.

DAS Order made in Dated : 30.01.2025 5/5