M.Muralidharan (Deceased) vs Kanakavalli
2021 Latest Caselaw 21038 Mad

                                                        S.A.No.1578 of 2011



        IN THE HIGH COURT OF JUDICATURE AT MADRAS

                         DATED :       21.10.2021

                                 CORAM

        THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                           S.A.No.1578 of 2011
                                   and
                            M.P. No.1 of 2011

1. M.Muralidharan (Deceased)
2. Kousalya Ravi
3. Sam Vardhan
4. Vaishnavi                                        ... Appellants
(Appellants 2 to 4 brought on record
as legal heirs of the deceased sole appellant
vide order of Court dated 11.09.2014 in
M.P.No.1/12 in S.A.No.1578 of 2011)

                                    Vs.

1. Kanakavalli
2. D.Santha
3. G.Chandra Prabha
4. G.Geethamani
5. R.Dhara Soundari
6. The Tahsildar,
   Coimbatore North,
   Coimbatore.
7. R.M.Kannan
8. D.Govindarajan
(R8 impleaded vide order of Court
dated 11.09.2014 in M.P.No.1/12 in

Page 1 of 4
                                                          S.A.No.1578 of 2011



S.A.No.1578 of 2011)
9. R.Chiranjith Navin Dev
10. D.Ganesan
11. M/s.Arun Bakery Enterprises Pvt. Limited,
    Represented by its authorised Signatory,
   A.L.Baskar,
   Room No.,D.G.. Building,
   Nehru Nagar Main Road,
   Civil Aerodrame Post,
   Coimbatore - 14.
(R9 to 11 impleaded as party respondent
vide order of Court dated 30.10.2014
in M.P.Nos.2 to 4/14 in S.A.No.1578 of 2011)             ... Respondents



Prayer : Second Appeal filed under Section 100 of the Civil Procedure
against the decree and judgment dated 17.06.2011 in A.S. No.107 of
2008, on the file of the Additional District and Sessions Court/ Fast
Track Court II, Coimbatore, partly reversing the decree and judgment
dated 01.07.2008 in O.S.No.182 of 2001, on the file of the learned
Principal Subordinate Court, Coimbatore.


                   For Appellants     : Mr.J.Ramakrishnan
                   For R8 to 11       : Mr.Muthumani Doraisamy
                        R6            : Dr.S.Suriya
                                           Government Advocate
                   R2 to R5           : Mr. K. Suresh
                                           for Mr. M.S. Krishan

Page 2 of 4
                                                             S.A.No.1578 of 2011



                      R7                  : No appearance


                               JUDGMENT

The learned counsel appearing for the appellants seeks

permission of this Court to withdraw this second appeal. He has also

filed a Memo dated 20.10.2021 to that effect.

2. Recording the above said submission and the memo, this

second appeal is dismissed as withdrawn with a liberty to the respondents

to agitate their rights at the time of passing of the final decree. No costs.

Consequently, connected miscellaneous petition is closed.

21.10.2021

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order ham/bga

To

1. The Additional District and Sessions Court/ Fast Track Court II, Coimbatore.

2. Principal Subordinate Court, Coimbatore.

S.A.No.1578 of 2011

3. The Tahsildar, Coimbatore North, Coimbatore.

4. The Section Officer, VR Section, High Court, Madras.

R. HEMALATHA, J.

ham/bga

S.A.No.1578 of 2011

21.10.2021