Kaliamoorthy (Died) vs Babu
2021 Latest Caselaw 21680 Mad

                                                                               S.A.No.582 of 2013

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 28.10.2021

                                                    CORAM:

                                   THE HONOURABLE MR.JUSTICE M.GOVINDARAJ

                                                S.A.No.582 of 2013
                                               and M.P.No.1 of 2013

                1. Kaliamoorthy (died)

                2. Thangayal

                3. Rajeswari                                             ... Appellants

                (Appellant Nos.2 and 3 are impleaded by an order
                dated 28.10.2021 made in C.M.P.No.16762 of 2021
                in S.A.No.582 of 2013)

                                                       Vs.
                1. Babu

                2. Kumar

                3. Ramakrishnan                                          ... Respondents

                PRAYER: The Second Appeal filed under Section 100 of the Civil Procedure
                Code against the judgment and decree of the Additional Sub Court,
                Mayiladuturai, dated 30.08.2011 made in A.S.No.190 of 2005 confirming the
                judgment and decree of the District Munsif, Court, Sirkali, dated 16.11.2005
                made in O.S.No.190 of 2001



https://www.mhc.tn.gov.in/judis/
                                                                                             S.A.No.582 of 2013

                                            For Appellants           : Mr.S.Sounthar
                                             For Respondents     : Mr.A.Muthukumar
                                                            -----

                                                        JUDGMENT

The learned counsel for the appellant submits that the dispute

between the parties has been settled out of Court and seeks permission of this

Court to withdraw the Second Appeal by virtue of a Memo filed by appellant

Nos.2 and 3 dated 15.09.2021. The said Memo is extracted as follows:-

Memo filed by Appellants 2 and 3 The Appellants 2 and 3 above named submits that the dispute in the above Second Appeal is settled between the parties and hence, the above Second Appeal may be dismissed as withdrawn.

Therefore, it is prayed that this Hon'ble Court may be pleased to dismiss the above Second Appeal as withdrawn without costs and thus render justice.

The said Memo is taken on file. Accordingly, the Second Appeal is

dismissed as withdrawn. There shall be no order as to costs. Consequently,

connected Miscellaneous Petition is closed.

28.10.2021

asi

Note: Issue order copy today https://www.mhc.tn.gov.in/judis/ S.A.No.582 of 2013

To

1. The Additional Sub Court, Mayiladuturai.

2. The District Munsif, Court, Sirkali.

https://www.mhc.tn.gov.in/judis/ S.A.No.582 of 2013

M. GOVINDARAJ, J.

asi

S.A.No.582 of 2013 and M.P.No.1 of 2013

28.10.2021

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