Venkatesalu Chetty vs Gowerdana Chetty
2022 Latest Caselaw 1282 Mad

                                                                         S.A.SR.No.27 of 2014

                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                           DATED :27.01.2022

                                                 CORAM

                           THE HON'BLE Mr. JUSTICE G.CHANDRASEKHARAN

                                            M.P.No.1 of 2014
                                                   in
                                          S.A.SR.No.27 of 2014

               In both M.P and S.A.SR.

               Venkatesalu Chetty                                     Petitioner/Appellant


                                                   Vs.


               1.Gowerdana Chetty

               2.Sathyanarayana Chetty

               3.Sri Lakshmi @ Jamuna

               4.Banumathi

               5.Madavi Venu                                                 ...Respondents



               PRAYER in M.P: Miscellaneous Petition in this Second Appeal is filed
               under Order XLI Rule 3(A) read with Order XLII, Rule 1 and Section 151 of
               C.P.C. to condone the delay of 104 days in filing the Second Appeal.


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https://www.mhc.tn.gov.in/judis
                                                                               S.A.SR.No.27 of 2014

               PRAYER in S.A.SR.: Second Appeal is filed under Section 100 of the Code
               of Civil Procedure, to set aside judgment and decree dated 10.04.2013 made
               in Civil Suit Appeal No.22 of 2011 on the file of the learned I Additional
               District and Sessions Judge, Vellore, Vellore district confirming the
               judgment and decree dated 30.01.2010 made in O.S.No.116 of 2003 on the
               file of the learned Subordinate Judge, Gudiyatham.


                                        For Appellant     :   Mr.T.Dhanyakumar
                                        For Respondents :     Mr.G.Vinoth Kumar for R1.


                                                    JUDGMENT

This miscellaneous petition is filed to condone the delay of 104

days in filing the Second Appeal in S.A.S.R.No.27 of 2014.

2. The learned counsel for petitioner prays permission to withdraw

M.P.No.1 of 2014 filed to condone the delay of 104 days in filing the Second

Appeal. It is submitted by the learned counsel for th petitioner that the matter

had been settled out of Court between the parties and therefore petitioner

does not want to prosecute this petition and the Second Appeal.

3. In view of the submissions made and recording the submission,

https://www.mhc.tn.gov.in/judis S.A.SR.No.27 of 2014

petitioner is permitted to withdraw M.P.No.1 of 2014 in S.A.SR.No.27 of

2014. M.P.No.1 of 2014 is dismissed as withdrawn. Consequently, Second

Appeal in S.A.SR.No.27 of 2014 is rejected.

27.01.2022

ep Index:Yes/No Internet:Yes/No Speaking Order: Yes/No

Note: Registry is directed to issue order copy on 31.01.2022.

To

1.I Additional District and Sessions Judge, Vellore.

https://www.mhc.tn.gov.in/judis S.A.SR.No.27 of 2014

2.The Subordinate Judge, Gudiyatham.

3.The Section Officer, VR Section, High Court of Madras.

G.CHANDRASEKHARAN.J,

ep

https://www.mhc.tn.gov.in/judis S.A.SR.No.27 of 2014

M.P.No.1 of 2014 in S.A.SR.No.27 of 2014

27.01.2022

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