Madras High CourtSA(MD)/252/2023withdrawn dismissed

Mallika, v. Esakki @ Kumar,

2026-02-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2026 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and C.M.P.(MD)No.5665 of 2023 Mallika ... Appellant/ 2nd Respondent/ 2nd Defendant (cause title is accepted vide Court order dated 20.04.2023 made in CMP(MD)No.4994 of 2023 in SA(MD)SR.No.27010 of 2023) Vs.

1.Esakki @ Kumar ... 1st Respondent/ Appellant/ Plaintiff 2.Muniammal (Died) ... 2nd Respondent/ 1st Respondent/ 1st Defendant 3.Kala 4.Laxmanan ... Proposed Respondents 3 & 4 1/4

PRAYER : Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree passed in A.S.No.88 of 2020 on the file of the learned Principal District Judge, Tirunelveli, dated 15.09.2022 reversing the judgment and decree made in O.S.No.206 of 2015 on the file of the Additional Sub Judge, Tirunelveli dated 10.03.2020.

For Appellant : M/s.Mallika (party-in-person) For Respondents : Mr.G.Prabhu Rajadurai for R1 No appearance for R3 & R4

JUDGMENT

The Second Appeal is directed against the judgment and decree passed in A.S.No.88 of 2020 dated 15.09.2022 on the file of the Principal District Court, Tirunelveli, reversing the judgment and decree passed in O.S.No.206 of 2015 dated 10.03.2020 on the file of the Additional Subordinate Court, Tirunelveli.

2. When the matter was taken up earlier, the appellant appeared in person and submitted before this Court that she wanted to withdraw the appeal and hence, a learned Judge of this Court directed the Registry to 2/4

remove the name of the learned counsel on record for the appellant and to print the name of the appellant in the cause list.

3. When the matter is taken up today, the appellant appeared in person and would submit that she wants to withdraw the appeal and made an endorsement to the said effect.

4. In view of the endorsement made by the appellant, this Second Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed. No costs.

13.02.2026 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1. The Principal District Judge, Tirunelveli.

2. The Additional Subordinate Judge, Tirunelveli.

3. The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J csm Judgment made in and C.M.P.(MD)No.5665 of 2023 Dated : 13.02.2026 4/4