Madras High Court
Sivan vs V.Ranganathan on 24 January, 2023
S.A.No.158 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
S.A.No.158 of 2020
and C.M.P.No.3369 of 2020
V.Rajagopal (deceased)
1. Sivan
2. Nagaraj
3. Gowri
4. Sivagami
5. Narasimman
6. Krishnan
7. Valliammal
8. Seetha ammal
9. N.Dhanapal
10. K.Venkatesan
11. K.Pushpa
12. M.Lalitha
13. M.Jayaprakash
14. Malar
15. Vasantha
16. Gowri
17. Minor Ramya
represented by mother and natural guardian
Gowri (16th Appellant)
18. Minor Meena
represented by mother and natural guardian
Gowri (16th Appellant) ... Appellants
Vs
1. V.Ranganathan
https://www.mhc.tn.gov.in/judis
Page 1 of 4
S.A.No.158 of 2020
2. R.Varadha Rajan
3. R.Ravikumar
4. Vasu
Shanmughasundhra Bharathi (Deceased)
5. Vaguleyan
6. Sangeetha
7. Anbarasan
8. Vijimani
9. Vani
10. Tamilarasan
11. Rukkamma
12. Mangamma ... Respondents
Prayer:- Second Appeal filed under Section 100 of CPC to allow the above
Second appeal; modify the Judgment and Decree passed by the First Appellate
Court (Additional District Court, Hosur) dated 26.09.2019 in A.S.No.60 of 2017
and the Judgment and Decree passed by the Trial Court (Sub-Court, Hosur)
dated 16.02.2017 in O.S.No.78 of 2005 and this Hon'ble Court may be pleased to
dismiss the Suit in O.S.No.78 of 2005 with respect to the properties mentioned in
serial numbers 1, 2, 3, 8 to 10 of Item No.I and Item Nos.II and III of the Plaint
Schedule and decree the suit with respect to the properties mentioned in serial
numbers 4, 5, 6 and 7 of Item No.I of the Plaint Schedule.
For Appellants : Mr.G.M.Anantha Kumar
For R1 to R3 : Mr.V.Raghavachari
For R4 to R12 : Notice served
JUDGMENT
Today, when the Second Appeal is taken up for hearing, the learned
counsel appearing for the appellants submitted that the appellants instructed him
https://www.mhc.tn.gov.in/judis
S.A.No.158 of 2020
to withdraw the appeal and he has also submitted a letter of instructions given by
the appellants dated 26.12.2022. Therefore, he seeks permission of this Court to
withdraw the appeal.
2. The letter dated 26.12.2022 is extracted hereunder:-
“We the above mentioned are the appellants in Second
Appeal No.158 of 2020 before the Hon'ble High Court at
Madras, the said appeal is filed against the Judgment and
Decree dated 26.09.2019 passed in AS.No.60 of 2017 on the
file of ADJ Hosur by confirming the Judgment and Decree
passed in O.S.No.78 of 2005 by order dated 16.02.2017.
Pending this Second appeal, we the appellant and the
respondents have entered a compromise through the village
elders and thereby it is settled by out of court.
Hence, we request you to withdraw the appeal in
SA.No.158 of 2020 on the file of the Hon'ble High Court,
Madras.”
3. Recording the submission and the letter dated 26.12.2022, this Second
Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous
petition is closed. No costs.
24.01.2023
Internet:Yes
Index:Yes/No
Speaking/Non speaking order
mn
Note: Issue order copy on 25.01.2023
https://www.mhc.tn.gov.in/judis
S.A.No.158 of 2020
G.K.ILANTHIRAIYAN. J,
mn
To
1. The Additional District Court, Hosur.
2. The Sub-Court, Hosur.
S.A.No.158 of 2020
and C.M.P.No.3369 of 2020
24.01.2023
https://www.mhc.tn.gov.in/judis
