Kalimuthu v. Rajendran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN 1.Kalimuthu 2.Sundara Rajan 3.Varadharajan ... Appellants/Respondents/Defendants Vs.

Rajendran ... Respondent/Appellant/Plaintiff Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure against the judgment and decree dated 21.08.2003 made in A.S.No.132 of 2002 on the file of the Principal Sub Court, Dindigul, reversing the judgment and decree dated 11.10.2001 made in O.S.No.686 of 2000 on the file of the II Additional District Munsif, Dindigul.

For Appellants : Mr.R.Nandakumar For Respondent : No appearance 1/4

JUDGMENT

When the matter is taken up for hearing today, the learned counsel appearing for the appellants seeks permission of this Court to withdraw the Second Appeal and he also filed a memo, dated 20.08.2024, wherein it is stated as follows:

'1.It is submitted that above appellants have preferred the above Second Appeal as against the Judgment and Decree dated 21.08.2003 passed in A.S.No.132 of 2002 on the file of the Principal Sub Court, Dindigul, reversing the Judgment and Decree dated 11.10.2001 passed in O.S.No.686 of 2005 on the file of the Principal District Munsif Court, Dindigul. 2.It is informed by the second appellant that pending the above Second Appeal the subject matter under dispute has been amicably settled between the both parties before the elders of the Village. To that effect, he sent a letter to us and requested us to withdraw the above Second Appeal. 3.Herewith we are enclosing the letter sent by the second appellant for the kind consideration of this Court.

Hence, we humbly pray that this Court may be pleased to accept this memo and permit us to withdraw the above Second Appeal in S.A.No.1927 of 2003 on the basis of the letter dated 19.08.2024 sent by the second appellant.'

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2.The learned counsel appearing for the appellants also made an endorsement to that effect in the court bundle. 3.Recording the submission and endorsement made by the learned counsel appearing for the appellants, this Second Appeal is dismissed as withdrawn. The memo, dated 20.08.2024 is placed on record. No costs.

20.08.2024 NCC : Yes/No Index : Yes/No ps To 1.The Principal Sub Court, Dindigul.

2.The II Additional District Munsif, Dindigul.

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

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V.BHAVANI SUBBAROYAN, J.

ps Judgment made in 20.08.2024 4/4