Madras High CourtAS(MD)/178/2017withdrawn dismissed

Kattabomman Transport v. Jalhama

2022-07-26Honourable Mr Justice P. Velmurugan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN A.S(MD)No.178 of 2017 and C.M.P(MD)No.10319 of 2017 The Kattabomman Transport Corporation Limited, Cooperative Housing Society, represented by its President, Vannarapettai, Tirunelveli -3.

:Appellants/9th Respondent/9th defendant .vs.

1.Jalhama 2.V.S.Paramanantham(died) V.S.Vannamuthu(died) 3.V.S.Devamirtham 4.V.S.Deva Asirvatham 5.V.S.Jeevanantham(died) 6..Soundirapandiyan(died) 7.V.S.R.Selvanayagam 8.Abdul Kathar :Respondents 3-8/Respondents 3-8/ Defendants 3-8.

9.D.S.Jerina Banu 1/5

Noorjahan(died) 10.D.S.Nowshad 11.D.S.Rosa Banu 12.Mumtaj Begum :Respondents 9-12/Respondents 11-14/Legal heirs of the second Plaintiff.

13.Selvanayagam 14.Muthupandi 15.Devasundaram 16.Kuresh Chelladurai 17.Muthamal 18.Jeba 19.Selvarani 20.Muthuselvi 21.Venmathi 22.Selvin Chinnadurai 23.Pushpam 24.Selvam Elizabeth 25.Esther Rani 26.Chinnathambi 27.Muthuraj 28.Jeyaseelan 2/5

29.Pushparaj 30.Mallika :Respondents 13 to 30 (Respondents 13 to 18 are brought on record as legal representatives of the deceased second respondent as per order of this Court made in C.M.P(MD)Nos.11205 to11207 of 2018 in A.S. (MD)No.178 of 2017, dated 15.2.2022) (Respondents 19 to 22 are brought on record as legal representatives of the deceased fifth respondent as per order of this Court made in C.M.P(MD)Nos.11208 to 11210 of 2018 in A.S(MD)No.178 of 2017, dated 15.2.2022) (Respondents 23 to 30 are brought on record as legal representatives of the deceased sixth respondent as per order of this Court made in C.M.P(MD)Nos.11211 to 11213 of 2018 in A.S(MD)No.178 of 2017, dated 15.2.2022) PRAYER: First Appeal filed under Section 96 of the Civil Procedure Code against the final decree made in I.A.No.26 of 2004 in O.S.No. 3 of 2004, dated 23.2.2016, on the file of the Ist Additional District Court, Tirunelveli.

For Appellants :Mr.H.Arumugam For Respondents :Mr.D.Nallathambi 9 to 12 For Respondents :Mr.D.Srinivasa Raghavan 24 to 30

JUDGMENT

********* Mr.H.Arumugam, learned counsel for the appellant has circulated a letter, dated 25.07.2022 to the Registry, seeking 3/5

permission of this Court to withdraw this appeal suit.The said letter is placed on record.

2.In view of the above, the appeal suit is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is dismissed.

26.07.2022 Index:Yes/No Internet:Yes/No vsn To 1.The Ist Additional District Judge, Ist Additional District Court, Tirunelveli.

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

4/5

P.VELMURUGAN.,J.

vsn JUDGMENT MADE IN A.S(MD)No.178 of 2017 and C.M.P(MD)No.10319 of 2017 26.07.2022 5/5