Palraj vs Chellaiah (Died)
2021 Latest Caselaw 14564 Mad

                                                                       S.A.(MD)No.737 of 2011

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED: 20.07.2021

                                                 CORAM:

                              THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                          S.A.(MD)No.737 of 2011
                                                   and
                                        C.M.P.(MD)No.4046 of 2016 &
                                           M.P.(MD)No.2 of 2011


                   Palraj                          ... Appellant / Appellant / Plaintiff

                                                 -Vs-


                   1.Chellaiah (Died)
                   2.Muniammal
                   3.Kumarasamy
                   4.Chandrabose
                   5.Rajammal
                   6.Rajkumar
                   7.Palraj
                   8.Annapushpam
                   9.Lakshmi
                   10.Manickam
                   11.Shanthi              ... Respondents/Respondents/Defendants
                   PRAYER: Second Appeal filed under Section 100 of the Civil Procedure
                   Code, against the judgment and decree made in A.S.No.2 of 2008 dated
                   26.02.2010 passed by the learned Subordinate Judge, Ramanathapuram as
                   against modifying the judgment and decree in O.S.No.59 of 2000, dated
https://www.mhc.tn.gov.in/judis/


                   1/4
                                                                               S.A.(MD)No.737 of 2011

                   30.10.2007 passed by the District Munsif Court, Ramanathapuram.




                                          For Appellant         : Mr.P.Vairava Sundaram
                                          For R1                : Died
                                          For R2 to R4          : Mr.R.Gandhi
                                          For R5 to R10         : No appearance




                                                       JUDGMENT

The learned counsel on either side inform the Court that C.M.P.

(MD)No.11422 of 2016 filed by the appellant seeking permission to

withdraw the second appeal with liberty to file a fresh suit on the same

cause of action was allowed as early as on 29.11.2016.

2. When I verified the records, I find that the said statement is correct.

However, no order has been passed in the main second appeal. When

C.M.P.(MD)No.11422 of 2016 was allowed, automatically the second

appeal also should be taken as having been dismissed as withdrawn on the

said date itself. No further orders are necessary. Registry to despatch the

records to the trial Court without any further delay.

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

S.A.(MD)No.737 of 2011

3.The second appeal is dismissed as withdrawn. No costs.

Consequently, connected miscellaneous petitions are closed.

20.07.2021

Internet : Yes/No Index : Yes/No rmi

To

1.The Subordinate Judge, Ramanathapuram.

2.The District Munsif Court, Ramanathapuram

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

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

S.A.(MD)No.737 of 2011

G.R.SWAMINATHAN.J.,

rmi

Judgment made in S.A.(MD)No.737 of 2011 and C.M.P.(MD)No.4046 of 2016 & M.P.(MD)No.2 of 2011

20.07.2021

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