V. Venkatachalam v. Syed Rafiudden

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN C.M.P.(MD).No.181 of 2016 in S.A.(MD).No.SR56648 of 2014 and S.A.(MD).No.SR56648 of 2014 V.Venkatachalam ... Petitioner/Appellant Vs.

1.Syed Rafiudden 2.Syed Ameedudeen 3.Syed Ajimuddan 4.Syed Kamarudin 5.Ameenuden 6.Syed Nurdeen 7.Syed Shafiudeen ... Respondents/Respondents PRAYER in C.M.P.(MD).No.181 of 2016: Civil Miscellaneous Petition is filed under Section 5 of the Limitation Act to condone the delay of 534 days in filing the above Second Appeal. PRAYER in S.A.(MD).No.SR56648 of 2014: Second Appeal is filed under Section 100 of the C.P.C. to set aside the judgment and decree dated 27.02.2013 made in A.S.No.151 of 2012 on the file of the Principal District Judge, Tiruchirappalli confirming the Judgment and Decree dated 15.02.2008 made in O.S.No.173 of 1997 on the file of the I 1/4

Additional Subordinate Judge, Tiruchirappalli. For Petitioner/Appellant : Ms.J.Maria Roseline For Respondents/Respondents: No appearance

ORDER

When the matter is taken up for hearing, the learned counsel for the petitioner seeks permission of this Court to withdraw the present case, since the matter is settled out of the Court. In view of the above said submissions, this civil miscellaneous petition stands dismissed as withdrawn. Consequently, Second Appeal is also rejected at the SR stage itself. No costs. Registry is directed to refund half of the court fee paid by the petitioner in respect of the second appeal, to him, after deducting the amount as per Rules.

02.08.2024 Index :

Yes / No Internet :

Yes / No TM To 1.The Principal District Judge, Tiruchirappalli 2.The I Additional Subordinate Judge, Tiruchirappalli. 2/4

3.The Section Officer, E.R.Section/V.R.Section, Madurai Bench of Madras High Court, Madurai.

3/4

G.ILANGOVAN ,J.

TM C.M.P.(MD).No.181 of 2016 in S.A.(MD).No.SR56648 of 2014 02.08.2024 4/4