Natesan vs Mookkak Gounder @ Periannan ...
2021 Latest Caselaw 18466 Mad

                                                                                   S.A.No.586 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.09.2021

                                                        CORAM

                                    THE HON'BLE MR. JUSTICE S.KANNAMMAL

                                                  S.A.No.586 of 2021
                                                         and
                                                C.M.P.No.12478 of 2021

                                              [through video conferencing]

                     Natesan                                                     ... Appellant
                                                           vs.

                     1.Mookkak Gounder @ Periannan Gounder
                     2.Pappathy
                     3.Punniamoorthy                                             ...Respondents

                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure to set aside the Judgment and Decree dated 08.01.2019 made
                     in A.S.No.07 of 2016, on the file of the Principal District Judge,
                     Namakkal by confirming the Judgment and Decree dated 03.12.2015
                     made in O.S.No.34 of 2005, on the file of the Subordinate Court,
                     Namakkal, by allowing this Second Appeal.

                                      For Appellant   : Mr.R.Prabakar
                                      For Respondents : Mr.Mohamed Uduman

                                                        *****
                                                       ORDER

This Second Appeal has been filed by the appellant to set aside the

Judgment and Decree dated 08.01.2019 made in A.S.No.07 of 2016, on

the file of the Principal District Judge, Namakkal by confirming the https://www.mhc.tn.gov.in/judis/

S.A.No.586 of 2021

Judgment and Decree dated 03.12.2015 made in O.S.No.34 of 2005, on

the file of the Subordinate Court, Namakkal.

2.The learned counsel for parties are present through virtual

hearing.

3.The learned counsel appearing for the respondents submitted that

the respondents have repaid the advance amount of Rs.50,000/- [Rupees

Fifty Thousand only] and a Memo to that effect, dated 01.09.2021 has

also been filed and nothing survives for adjudication in this Second

Appeal and sought for closing this Second Appeal.

4.The learned counsel appearing for the appellant agreed for the

same and has no objection for closing the Second Appeal. He would

submit that the appellant has deposited an amount of Rs.1,00,000/-

[Rupees One Lakh only] to the credit of O.S.No.34 of 2005 before the

learned Sub Court, Namakkal towards sale consideration and that he may

be permitted to withdraw the same.

5.In view of submissions made by the counsel for parties, nothing

survives in this Second Appeal for adjudication. https://www.mhc.tn.gov.in/judis/

S.A.No.586 of 2021

6.The appellant is permitted to withdraw the amount of

Rs.1,00,000/- [Rupees One Lakh only] if any lying on the credit of

O.S.No.34 of 2005 before the learned Sub Court, Namakkal which was

deposited towards sale consideration.

7.With the above observations and direction this Second Appeal is

disposed of accordingly. No costs. Consequently, the connected

Miscellaneous Petition is closed.

08.09.2021 Index:Yes/No Internet:Yes/No ssi

To:

1. The Principal District Judge, Namakkal.

2. The Subordinate Court, Namakkal.

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

S.A.No.586 of 2021

S.KANNAMMAL,J.

ssi

S.A.No.586 of 2021 and C.M.P.No.12478 of 2021

08.09.2021

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