Madras High CourtSA(MD)/514/2019withdrawn dismissed

Poopiratti, v. Selvaraj,

2025-01-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 30.01.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR and C.M.P(MD)No.10281 of 2019 1.Poopiratti 2.Rajasulochana 3.Seethalakshmi 4.Thirumani Ammal 5.Periyasamy 6.Vasantha 7.Ponmari 8.Muthumari 9.Nagoor Ammal 10.Radhakrishnan 11.Thangam 12.Esakkiyammal : Appellants Vs.

1.Selvaraj 2.Selvabharathi 3.Pattuselvi 1/4

4.Malathi 5.Sumathi 6.Velammal (died) 7.Jeyarani 8.Ramalakshmi 9.Murugesan 10.Thirumanithangam 11.Velpushparani 12.Alandammal : Respondents (12th respondent is brought on record as LR of the deceased 6th respondent vide Court order, dated 05.09.2024 made in CMP(MD)Nos.3369, 3370 and 3371 of 2024 in SA(MD)No.514 of 2019) Prayer : Second Appeal filed under Section 100 of C.P.C., to set aside the judgment and decree, dated 12.03.2019 made in A.S.No.31 of 2014 on the file of the Sub Court, Thoothukudi, confirming the judgment and decree, dated 28.01.2014 made in O.S.No.500 of 2008 on the file of the Principal District Munsif Court, Thoothukudi.

For Appellants : Mr.C.Mayilvahana Rajendran For Respondents : Mr.S.M.Anantha Murugan, for R1, R8 to R11. : No Appearance, for R2 to R5, 7 to 12.

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JUDGMENT

The second appeal is directed against the judgment and decree made in A.S.No.31 of 2014, dated 12.03.2019 on the file of the Sub Court, Thoothukudi, confirming the judgment and decree, dated 28.01.2014 made in O.S.No.500 of 2008 on the file of the Principal District Munsif Court, Thoothukudi.

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 has filed a memo to withdraw this appeal and he has also made an endorsement to that effect.

4. Recording the same, the Second Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed. No costs. 30.01.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No das 3/4

K.MURALI SHANKAR ,J.

DAS To 1.The Sub Judge, Thoothukudi.

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

Order made in and C.M.P(MD)No.10281 of 2019 Dated : 30.01.2025 4/4