M.Lakshmi vs Megadharsini
2021 Latest Caselaw 13331 Mad

                                                                                    S.A.(MD)No.224 of 2021


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 06.07.2021

                                                        CORAM:

                                   THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN

                                                S.A.(MD)No.224 of 2021
                                                        and
                                              C.M.P(MD) No.3149 of 2021

                   M.Lakshmi                                                    ... Appellant

                                                           Vs.
                   Megadharsini                                                 ...Respondent


                   PRAYER: Second Appeal is filed under Section 100 of C.P.C, to set aside
                   the judgment and decree dated 17.09.2020 made in A.S.No.76 of 2019 on the
                   file of Subordinate Court, Thirumangalam by confirming the judgment and
                   decree dated 29.04.2019 made in O.S.No.71 of 2017 on the file of District
                   Munsif-Judicial Magistrate, Peraiyur and allow the second appeal.


                                    For Appellant     : Mr.R.Devaraj
                                                       for Mr.M.S.Karthikeyan

                                    For Respondent    : Mr.A.Arumugam
                                                        for M/s.Ajmal Associates




                   1/4
https://www.mhc.tn.gov.in/judis/
                                                                                     S.A.(MD)No.224 of 2021




                                                      JUDGMENT

This second appeal has been filed to set aside the judgment and decree

dated 17.09.2020 made in A.S.No.76 of 2019 on the file of Subordinate

Court, Thirumangalam by confirming the judgment and decree dated

29.04.2019 made in O.S.No.71 of 2017 on the file of District Munsif-Judicial

Magistrate, Peraiyur and allow the second appeal.

2.Today, when the matter is taken up for hearing, the learned counsel

for the appellant seeks permission of this Court to withdraw the suit in

O.S.No.71 of 2017 on the file of the learned District Munsif-cum-Judicial

Magistrate, Peraiyur, with liberty to file a fresh suit.

3.Heard the learned counsel appearing on either side.

4.Recording the submission made by the learned counsel for the

appellant, permission is granted to withdraw the above suit. The appellant is

at liberty to file a fresh suit before the Court below within a period of three

https://www.mhc.tn.gov.in/judis/ S.A.(MD)No.224 of 2021

months from the date of receipt of a copy of this Judgment.

5.Accordingly, this Second Appeal is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

                                                                                   06.07.2021

                   Index           :Yes/No
                   Internet        :Yes/No
                   msa/cp

Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Subordinate Court, Thirumangalam.

2.The District Munsif-Judicial Magistrate, Peraiyur.

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

https://www.mhc.tn.gov.in/judis/ S.A.(MD)No.224 of 2021

A.A.NAKKIRAN,J.

msa/cp

S.A.(MD)No.224 of 2021 and C.M.P(MD) No.3149 of 2021

06.07.2021

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