N.Ramasamy vs Perumal
2023 Latest Caselaw 11813 Mad

                                                                                  S.A.No.465 of 2023




                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 04.09.2023

                                                     CORAM

                             THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                              C.M.P.No.17612 of 2023
                                               in S.A.No.465 of 2023
                                                        and
                                                S.A.No.465 of 2023
                                            and C.M.P.No.13958 of 2023


                  1. N.Ramasamy
                  2. Duraisamy                                       ... Petitioners/Appellants


                                                       Vs.

                  1. Perumal
                  2. Palayapalayam Panchayath
                     Rep. by its President, Palayapalayam Village,
                     Sendhamangaam Taluk,
                     Namakkal District.
                  3. The Revenue Divisional Officer,
                     Mohanur Road,
                     Namakkal Taluk & District.




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                                                                                S.A.No.465 of 2023




                  4. The Tahsildhar,
                     Sendhamangalam Taluk,
                     Namakkal District.                       ... Respondents/Respondents


                  Prayer in C.M.P.No.17612 of 2023 : Civil Miscellaneous Petition filed

                  under Order 23 Rule 1(3) of C.P.C., pleased to permit the appellants to

                  withdraw the second appeal with a liberty to institute a fresh suit "seeking

                  injunction restraining the respondents herein from any manner using

                  appellants land in S.No.156/1A and S.No.157/3 as pathway to reach the

                  property in S.No.156/2.

                  Prayer in S.A.No.465 of 2023 : Second Appeal filed under Section 100 of

                  C.P.C., pleased to set aside the Judgment and Decree dated 23.12.2021 made

                  in A.S.No.58 of 2021 on the file of the learned Additional Subordinate Judge

                  at Namakal, confirming the Judgment and Decree made in O.S.No.116 of

                  2020 dated 29.04.2021, on the file of the learned District Munsif,

                  Sendhamangalam.


                                     For Appellants     :   Mr.Krishna Prasad
                                     For Respondent     :   Mr.S.Yudish Padman for R1
                                                            Dr.S.Surya
                                                            Additional Government Pleader
                                                            for R2 to R4

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                                                                                     S.A.No.465 of 2023


                                                      JUDGMENT

Learned counsel appearing for the petitioners/appellants submitted

that only now the appellants have come to understand that they had

proceeded the suit with a wrong prayer and thereby, he seeks permission of

this Court to withdraw this second appeal by filing a petition to that effect,

with liberty to institute a fresh suit. He also submitted that the appellants

have already filed a suit with different cause of action.

2. In view the submission made by the learned counsel for the

petitioners/appellants, the Civil Miscellaneous Petition in C.M.P.No.17612

of 2023 is ordered and consequently, the petitioners are permitted to

withdraw the Second Appeal, however, making it clear that the appellants

are entitled to proceed in the manner known to law. Accordingly, the Second

Appeal stands dismissed as withdrawn. No costs. Consequently, the

connected miscellaneous petition in C.M.P.No.13958 of 2023 is closed.

04.09.2023

ham/dpa Index : Yes / No Speaking / Non-speaking Neutral Citation : Yes / No

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

S.A.No.465 of 2023

A.D.JAGADISH CHANDIRA.,J.

ham

To

1. The Additional Subordinate Court, Namakkal.

2. The District Munsif Court, Sendamangalam.

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

C.M.P.No.17612 of 2023 in S.A.No.465 of 2023 and S.A.No.465 of 2023, and C.M.P.Nos.13958 of 2023

04.09.2023

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