Madras High CourtAS(MD)/106/2014withdrawn dismissed

N.S.Krishnasamy(Died) v. C.R.Lakshmi

2025-06-27Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 27.06.2025

CORAM:

THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN A.S(MD) No.106 of 2014 N.S.Krishnasamy (Died) ... Appellant/2nd Defendant 2.Ashajanaki (Died) 3.Sundarsrinivas ... Appellants 2 & 3 ( Appellants 2 & 3 are brought on record as LRs of the deceased sole appellant vide Court order dated 20.01.2023 made in CP(MD)Nos. 164 & 165 of 2023 in AS(MD)No.106 of 2014 by NMJ) 4.R.Krishnasamy 5.Anerudh ... Appellants 4 & 5 (Appellants 4 & 5 are brought on record as LRs of the deceased 2nd appellant vide court order dated 04.06.2025 made in CMP(MD)Nos. 4946, 4948 and 4950 of 2024 in AS(MD)No.106 of 2014 by KKRKJ) (Minor 5th appellant is declared as major and the guardianship of his father 4th appellant R.Krishnasamy is discharged vide Court order dated 25.06.2025 made in CMP(MD)Nos.9700 and 9702 of 2025 in AS(MD)No.106 of 2014 respectively by KKRKJ) Vs.

1.Mrs.C.R.Lakshmi ... Respondent/Plaintiff 2.Mr.C.R.Rajagopalan ... Respondent/1st Defendant 1/4

3.M/s.Mukunth Benefit Fund Ltd, Represented by its Managing Director, .. Respondent/2nd Defendant Prayer : This Appeal Suit has been filed under Section 96 of C.P.C., to set aside the judgment and decree dated 27.11.2013 made in O.S.No.172 of 2009 on the file of the 5th Additional District Court, Madurai, and thereby, allow this appeal with costs.

For Appellants 3 to 5: Mr.M.Senthil Kumar For R1 : Mr.V.Shathurthi Raja for Mr.S.Nates Raja For R2 : Died For R3 : No Appearance

JUDGMENT

This petition has been filed to set aside the judgment and decree dated 27.11.2013 made in O.S.No.172 of 2009 on the file of the 5th Additional District Court, Madurai.

2. The learned counsel for the appellants 3 to 5 would submit that the appellants 3 to 5 have entered into a compromise with the contesting respondent/plaintiff and amicably settled the dispute out of Court. To 2/4

that effect, they jointly filed a "Not Pressed Memo" dated 25.06.2025. Hence, he seeks permission of this Court to withdraw this appeal.

3. Recording the same, the Appeal Suit is dismissed as withdrawn. There shall be no order as to costs.

27.06.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No dss To:

1. The 5th Additional District Court, Madurai.

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

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K.K.RAMAKRISHNAN,J.

dss A.S(MD) No.106 of 2014 27.06.2025 4/4