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Damodaran vs A.M.Abdul Salam (Died) ... 1St
2023 Latest Caselaw 984 Mad

Citation : 2023 Latest Caselaw 984 Mad
Judgement Date : 24 January, 2023

Madras High Court
Damodaran vs A.M.Abdul Salam (Died) ... 1St on 24 January, 2023
                                                                                        S.A.No.1664 of 2000



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 24.01.2023

                                                          CORAM

                                   THE HONOURABLE MR. JUSTICE S.SOUNTHAR

                                                   S.A.No.1664 of 2000

                     1.Damodaran
                     2.Saraswathi (Died)
                     3.Kumaresan (Died)
                     4.Lilly (Died)
                     5.Senthurvalli                            ... Appellants 1 to 5/Respondents/
                                                                   Plaintiffs 2 to 6
                     6.Balasubramanian
                     7.Annasundari
                     8.Suyambulingam
                     9.Azhagusundari
                     10.Jeyasundari
                     11.Bala Sundari                           ... Appellants 6 to 11

                     [Appellants 6 to 11 were brought on record as LRs of the
                     deceased 4th appellant vide order dated 08.07.2011 made in
                     M.P.(MD) Nos.2 and 3 of 2010 in S.A.No.1664 of 2000]

                     12.Soundaravalli
                     13.Chairmasundari
                     14.Kousalya
                     _________
                     Page 1 of 6



https://www.mhc.tn.gov.in/judis
                                                                                         S.A.No.1664 of 2000



                     15.Jeyasankari
                     16.Jeyasankar
                     17.Thiraviyakani
                     18.Ambiga
                     19.Anburaj                                ... Appellants 12 to 19

                     [Appellants 12 to 19 were brought on record as LRs of the
                     deceased 3rd appellant vide order dated 06.11.2019 made in
                     C.M.P.(MD) No.6853 of 2019 in S.A.No.1664 of 2000]

                     20.Ramalingam
                     21.R.Murugan
                     22.R.Saravana Selvi
                     23.Saradha
                     24.Kavitha                                       ... Appellants 20 to 24

                     [Appellants 20 to 24 were brought on record as LRs of the
                     deceased 2nd appellant vide order dated 06.11.2019 made
                     in C.M.P.(MD) No.5759 of 2019 in S.A.No.1664 of 2000]

                                                              Vs

                     1.A.M.Abdul Salam (Died)                         ... 1st Respondent/Appellant/
                                                                          Plaintiff
                     2.Sabur Fathima
                     3.Thamin Ansari
                     4.Sajitha Parveen
                     5.Thahira Irfan



                     _________
                     Page 2 of 6



https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.1664 of 2000




                     6.Abdul Kader                                    ... Respondents 2 to 6

                     [RR2 to 6 were brought on record as LRs of the
                     deceased sole respondent vide order dated 06.11.2019 in
                     M.P.(MD) No.1 of 2014 in S.A.No.1664 of 2000]

                     [RR2, 4 and 5 – amended vide order dated 16.02.2021 made
                     in C.M.P.(MD) No.1552 of 2021 in S.A.No.1664 of 2000]

                     7.A.Murugan (Died)                               ... 7th Respondent

                     [R7 was impleaded as a party respondent vide
                     order dated 18.10.2019 made in C.M.P.(MD)
                     No.6844 of 2019 in S.A.No.1664 of 2000]

                     8.M.Petchiammal
                     9.M.Jeyapaul
                     10.M.Kumar
                     11.M.Anand                                       ... Respondents 8 to 11

                     [RR8 to 11 were brought on record as LRs of the
                     deceased 7th respondent vide order dated 08.01.2021
                     made in C.M.P.(MD) No.6016 of 2020 in S.A.No.1664 of
                     2000]


                     Prayer:- Appeal filed under Section 100 of Civil Procedure Code to set aside
                     the judgment and decree dated 09.06.2000 made in A.S.No.15 of 2000 on
                     the file of the Additional District Court, Tuticorin reversing the judgment
                     and decree dated 11.07.1996 made in O.S.No.143 of 1996 on the file of the
                     Principal District Munsif's Court, Tuticorin.


                     _________
                     Page 3 of 6



https://www.mhc.tn.gov.in/judis
                                                                                       S.A.No.1664 of 2000



                                        For Appellants    :     Mr.M.P.Senthil

                                        For RR2 to 6      :     Ms.Jessi Jeeva Priya

                                        RR1 & 7           :     Died

                                        For RR8 to 11     :     No appearance

                                                         JUDGMENT

The learned counsel for the appellants filed a memo stating that the

1st appellant, Damodaran on behalf of the other appellants had instructed

him to withdraw the second appeal by letter dated 10.01.2023. The letter

sent by the party is enclosed with the memo. Accordingly, the learned

counsel for the appellants seeks leave of this Court to withdraw the second

appeal.

2. Leave granted. The Second Appeal is dismissed as withdrawn. No

costs.

24.01.2023 NCC : Yes/No Index:Yes/No Internet:Yes

abr

_________

https://www.mhc.tn.gov.in/judis S.A.No.1664 of 2000

To

1.The Additional District Judge, Tuticorin.

2.The Principal District Munsif, Tuticorin.

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

_________

https://www.mhc.tn.gov.in/judis S.A.No.1664 of 2000

S.SOUNTHAR, J.

abr

S.A.No.1664 of 2000

24.01.2023

_________

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

 
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