S.Velumani (Deceased) vs Velusamy
2022 Latest Caselaw 6209 Mad

                                                                                S.A.No.1324 of 2010
                                                                               and M.P.No.1 of 2010


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 25.03.2022

                                                     CORAM

                                  THE HONOURABLE MRS. JUSTICE R. HEMALATHA

                                               S.A.No.1324 of 2010
                                                      and
                                                M.P.No.1 of 2010

                     1.S.Velumani (Deceased)
                     2.Kamalam
                     3.V.Samundeeswari
                     4.Minor.V.Vivega
                     5.Minor.V.Vithya
                     6.Minor.V.Viknesh
                     (Minor 4 to 6 rep. by their
                     mother / N.F. V.Samundeeswari)                          ... Appellants

                     (Appellants 2 to 6 brought on record as LRs of the deceased sole
                     appellant vide order of Court dated 27.07.2015 made in M.P.No.1 of
                     2012 in S.A.No.1324 of 2010)
                                                      Vs.

                     Velusamy                                      ... Respondent

                     Prayer : Second Appeal filed under Section 100 CPC, 1908 against the
                     decree and judgment dated 30.10.2009 passed in A.S. No.4 of 2008, on
                     the file of the First Additional District Court, Coimbatore, upholding the
                     decree and judgment dated 11.04.2007 passed in O.S. No.582 of 2006,
                     on the file of the Principal Sub Court, Coimbatore.



                     Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                                 S.A.No.1324 of 2010
                                                                                and M.P.No.1 of 2010



                                            For Appellants    : Mr.M.Ganesh
                                                              for M/s.N.Manoharan


                                                   JUDGMENT

The learned counsel appearing for the appellants seeks

permission of this Court to withdraw the appeal and also made an

endorsement to that effect. It is further represented that as per the order

of this Court dated 24.11.2010 in M.P.No.1 of 2010, 25% of the suit

amount was deposited to the credit of O.S. No.582 of 2006, on the file of

the Principal Sub Court, Coimbatore. In view of the fact that the matter

has been settled between the parties, the learned counsel appearing for

the appellants seeks permission of this Court to withdraw the said

amount.

2. Permission is granted to the appellants to withdraw the

amount that has been deposited in O.S. No.582 of 2006, on the file of the

Principal Sub Court, Coimbatore.

https://www.mhc.tn.gov.in/judis S.A.No.1324 of 2010 and M.P.No.1 of 2010

3. The Second Appeal is also dismissed as withdrawn. No

costs. Consequently, connected miscellaneous petition is closed.

25.03.2022

Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order mtl

https://www.mhc.tn.gov.in/judis S.A.No.1324 of 2010 and M.P.No.1 of 2010

R. HEMALATHA, J.

mtl

To

1. The First Additional District Court, Coimbatore

2. The Principal Sub Court, Coimbatore.

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

S.A.No.1324 of 2010 and M.P.No.1 of 2010

25.03.2022

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