Nadanam vs Renganathan
2021 Latest Caselaw 24073 Mad

                                                                                S.A. No.1266 of 2010
                                                                               and M.P. No.1 of 2010




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 07.12.2021

                                                      CORAM:

                                  THE HONOURABLE MR.JUSTICE R.PONGIAPPAN

                                                  S.A. No.1266 of 2010
                                                 and M.P. No.1 of 2010

                     Nadanam                               ...            Appellant /
                                                                          Defendant


                                                           versus

                     1.Renganathan
                     2.Sangaravadivelan                    ...            Respondents /
                                                                          Plaintiffs

                     PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                     Code, against the judgment and decree dated 31.03.2010 made in A.S.No.8
                     of 2009 on the file of the learned Additional Subordinate Judge,
                     Myladuthurai, confirming the judgment and decree dated 23.10.2008 made
                     in I.A.No.413 of 2007 in O.S.No.99 of 2003 on the file of the learned
                     Principal District Munsif, Myladuthurai.


                                     For Appellant         : Mr.A.Thameem Mohideen
                                     For Respondent No.1   : No Appearance
                                     For Respondent No.2   : Mr.S.Sounthar


                     1/4


https://www.mhc.tn.gov.in/judis
                                                                                         S.A. No.1266 of 2010
                                                                                        and M.P. No.1 of 2010




                                                    JUDGMENT

Today, when this Second Appeal is taken up for hearing, the

learned counsel appearing for the appellant appeared before this Court and

filed a memo for withdrawing this appeal stating that, the dispute between

the appellant and the respondents, is settled in out of Court. In this regard,

the learned counsel appearing for the second respondent would submit that,

the dispute between the appellant and the respondents, is not settled. The

submission made by the learned counsel for the second respondent, is

recorded.

2. On considering the said submissions with the relevant

records, whether the dispute is settled or not settled, it is for the appellant to

take a decision for proceeding with the appeal or not. Hence, the submission

made by the learned counsel for the second respondent, is no way would

affect the contents of the memo filed by the appellant. Accordingly, the

memo filed by the learned counsel for the appellant is recorded.

https://www.mhc.tn.gov.in/judis S.A. No.1266 of 2010 and M.P. No.1 of 2010

3. Hence, in view of the same, this Second Appeal is

dismissed as withdrawn. Consequently, connected Miscellaneous Petition is

closed. However, there is no order as to costs.

07.12.2021

Speaking order / Non-speaking order Index : Yes / No sri

To

1.The Additional Subordinate Judge, Myladuthurai.

2.The Principal District Munsif, Myladuthurai.

https://www.mhc.tn.gov.in/judis S.A. No.1266 of 2010 and M.P. No.1 of 2010

R.PONGIAPPAN, J.

sri

S.A. No.1266 of 2010 and M.P. No.1 of 2010

07.12.2021

https://www.mhc.tn.gov.in/judis