Saradambal (Died) vs Chinnaiyan (Died)
2022 Latest Caselaw 8312 Mad

                                                                            S.A.(MD)No.669 of 2010



                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 20.04.2022

                                                   CORAM:

                                  THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

                                            S.A.(MD) No.669 of 2010

                     1.Saradambal (Died)
                     2.Kalarani
                     3.Minor.Aravindakumar
                     4.Minor.Monisha                            .. Appellants/Appellants/
                                                                   Plaintiffs
                       st
                     [1 appellant died and appellants 2 to 4, who are
                     already on record, are recorded as LRs of the
                     deceased 1st appellant vide order dated
                     21.02.2022 made in S.A.(MD) No.669 of 2010]

                                                       -vs-

                     1.Chinnaiyan (Died)
                     2.Jagatheesan @ C.N.Ananthan (Died)     .. Respondents 1 & 2/
                                                                Respondents/Defendants
                                     nd
                     [R1 Died and 2 respondent, who is already on
                     record, is recorded as LR of the deceased 1st
                     respondent vide order dated 21.02.2022 made in
                     S.A.(MD) No.669 of 2010]

                     3.Santhi                                   .. 3rd Respondent

                     [R3 is suo motu impleaded as LR of the deceased
                     2nd respondent vide order dated 21.02.2022 made
                     in S.A.(MD) No.669 of 2010]



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https://www.mhc.tn.gov.in/judis
                                                                                 S.A.(MD)No.669 of 2010




                     Prayer :- Second Appeal filed under Section 100 of Civil Procedure Code
                     to set aside the judgment and decree in A.S.No.132 of 2005 dated
                     18.12.2008 on the file of the Additional Sub Court, Kumakonam
                     confirming the judgment and decree in O.S.No.392 of 1993 dated
                     25.08.2005 on the file of the I Additional District Munsif Court,
                     Kumbakonam.


                                       For Appellants   :      Mr.K.Govindarajan

                                       RR1 & 2          :      Died

                                       For R3           :      No appearance

                                                            ******

                                                        JUDGMENT

This second appeal arises out of an injunction suit. The

unsuccessful plaintiffs are the appellants herein. A memo has been filed

by the learned counsel for the appellants that the property actually

belongs to Kasi Mutt, Thiruppanandal and that during the pendency of

these proceedings, the contestants passed away. The 1st appellant also is

no more. Her legal heirs are on record. It is stated that the legal heirs are

directly paying the rent to Kasi Mutt. In these circumstances, the

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.669 of 2010

appellants do not want to purse the second appeal. They seek leave to

withdraw.

2. Leave is granted. The second appeal is dismissed as withdrawn.

The memo dated 17.04.2022 signed by the 3rd appellant and the counsel

is taken on record. No costs.

20.04.2022 Internet : Yes/No Index : Yes/No

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.

abr

To

1.The Additional Sub Judge, Kumakonam.

2.The I Additional District Munsif, Kumbakonam.

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https://www.mhc.tn.gov.in/judis S.A.(MD)No.669 of 2010

G.R.SWAMINATHAN, J.

abr

S.A.(MD) No.669 of 2010

20.04.2022

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