Simon vs Alfred
2021 Latest Caselaw 23449 Mad

                                                                              S.A.No.1779 of 2002


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 30.11.2021

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                   S.A.No.1779 of 2002

                     Simon                                                       ... Appellant

                                                          -vs-
                     1. Alfred
                     2. Ethel Banumathi Isac
                     3. Alice Santhanakumari                                .... Respondents

                     PRAYER : Second Appeal filed under Section 100 of C.P.C, against the
                     Judgment and Decree dated 9.7.2002, made in A.S.No.18 of 1996, on the
                     file of the learned I Additional Sub Judge, Padmanabapuram, in confirming
                     the Judgment and Decree dated 4.8.1995, made in O.S.No.186 of 1984, on
                     the file of the learned Additional District Munsif, Padmanabapuram.


                                   For Appellant     : Mr.V.Ragavachari
                                   For R1            : No Appearance
                                   For R2 & R3       : Mr.T.Lajapathy Roy




                     1/4

https://www.mhc.tn.gov.in/judis
                                                                                     S.A.No.1779 of 2002


                                                          JUDGMENT

The present Second Appeal has been filed by the plaintiff against the

suit for specific performance. The Suit was dismissed by the trial Court

which was confirmed in the First Appeal, as against which, the present

Second Appeal has been filed.

2. Pending Second Appeal, the learned counsel for the appellant has

filed a memo stating that the defendants/respondents have executed

registered sale deed, dated 11.03.2019 in favour of the plaintiff/appellant in

document No.699 of 2019.

3. In view of the above, the learned counsel for the appellant seeks

permission of this Court to not press the appeal. Hence, the Second Appeal

is dismissed as not pressed. No costs.

                                                                                       30.11.2021

                     Index    : Yes / No
                     Internet : Yes / No
                     ebsi

https://www.mhc.tn.gov.in/judis S.A.No.1779 of 2002

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 I Additional Sub Judge, Padmanabapuram.

2. The Additional District Munsif, Padmanabapuram.

https://www.mhc.tn.gov.in/judis S.A.No.1779 of 2002

R.VIJAYAKUMAR,J.

ebsi

S.A.No.1779 of 2002

30.11.2021

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