Kanniappan vs Dhanabaggiam
2022 Latest Caselaw 7466 Mad

                                                                                  C.M.P. No.9868 of 2019
                                                                             in S.A. Sr. No.33455 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 08.04.2022

                                                       CORAM:

                                   THE HONOURABLE MR. JUSTICE S.S.SUNDAR

                                                C.M.P. No.9868 of 2019
                                              in S.A. Sr. No.33455 of 2019


                    C.M.P. No.9868 of 2019
                    in S.A. Sr. No.33455 of 2019

                    Kanniappan                                                          .. Petitioner


                                                          Vs.

                    Dhanabaggiam                                             .. Respondent
                        Civil Miscellaneous Petition is filed under Order 41 Rule 3A r/w.

                    Order 42 Rule 1 C.P.C., to condone the delay of 350 days in filing the

                    second appeal against the judgment and decree passed in O.S. No.422 of

                    2007 on 21.11.2014 by District Munsif Court, Chengalpattu and confirmed

                    in A.S.No.11 of 2016 by the Principal Subordinate Judge, Chengalpattu

                    dated 03.10.2017.

                                      For Petitioner            :   Mr. P.Thiagarajan




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https://www.mhc.tn.gov.in/judis
                                                                                   C.M.P. No.9868 of 2019
                                                                              in S.A. Sr. No.33455 of 2019

                    S.A. Sr. No.33455 of 2019

                    Kanniappan                                                           .. Appellant


                                                           Vs.

                    Dhanabaggiam                                                       .. Respondent

                            Appeal suit is sought to be filed under Section 100 C.P.C., against the

                    judgment and decree made in A.S. No.11 of 2016 on the file of the

                    Subordinate Judge, Chengalpattu dated 03.10.2017 confirming the

                    judgment and decree passed in O.S. No.422 of 2007 on the file of District

                    Munsif Court, Chengalpattu dated 21.11.2014.

                                      For appellant              :   Mr. P.Thiagarajan


                                                       ORDER

Learned counsel appearing for the petitioner produced a copy of

memo dated 18.08.2021, stating that he has instructions from his client to

withdraw the civil miscellaneous petition and the unnumbered second

appeal. The original memo stated to have been filed is not available in the

bundle. He further submitted that the respondent is petitioner's mother and

that the petitioner is continuously in occupation of a portion of the property

https://www.mhc.tn.gov.in/judis C.M.P. No.9868 of 2019 in S.A. Sr. No.33455 of 2019

after the death of respondent and that there is no dispute with regard to his

right over the suit property at the instance of other legal heirs of

respondent. Though the petitioner seeks liberty to initiate legal proceedings

as against the legal heirs, learned counsel appearing for the petitioner does

not press for liberty as this Court declined to give liberty on a memo

without issuing notice to respondent.

2. Recording the statements of the learned counsel for the petitioner,

the civil miscellaneous petition and the above unnumbered second appeal is

dismissed as withdrawn. No costs.

08.04.2022 bkn

To:

1. The Additional Sub Court, Tiruvannamalai.

2. The District Judge, (Training) Additional District Munsif -II,

Tiruvannamalai.

3. The Section Officer, V.R.Records, High Court, Madras.

https://www.mhc.tn.gov.in/judis C.M.P. No.9868 of 2019 in S.A. Sr. No.33455 of 2019

S.S.SUNDAR, J.,

bkn

C.M.P. No.9868 of 2019 in S.A. Sr. No.33455 of 2019

08.04.2022

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