Balakrishnan vs K.Vijayalakshmi
2023 Latest Caselaw 11901 Mad

                                                                              C.M.P.No.7595 of 2023
                                                                         in S.A.SR.No.40798 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 05.09.2023

                                                    CORAM

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

                                              C.M.P.No.7595 of 2023
                                            in S.A.SR.No.40798 of 2023
                                           and S.A.SR.No.40798 of 2023

                  Balakrishnan                                           ... Appellant

                                                       Vs.
                  1. K.Vijayalakshmi
                  2. K.Selvaganapathy                                    ... Respondents

                  Prayer in C.M.P.No.7595 of 2023: Criminal Miscellaneous Petition filed
                  under Section Order 41 Rule 3(A) r/w Order 42 Rule 1 of CPC., pleased to
                  condone the delay of 1141 days in preferring the Second Appeal as against
                  the Judgement and Decree dated 10.07.2019 made in A.S.No.15 of 2018 on
                  the file of the learned IV Additional District and Sessions Judge,
                  Coimbatore.
                  Prayer in S.A.SR.No.40798 of 2023 : Second Appeal filed under Section
                  100 of C.P.C., pleased to set aside the Judgement and Decree dated
                  10.07.2019 made in A.S.No.15 of 2018 on the file of the learned IV
                  Additional District and Sessions Judge, Coimbatore, reversing the Judgement
                  and Decree dated 30.07.2017 made in O.S.No.197 of 2008 on the file of the
                  II Additional Sub Court, Coimbatore and allow the second appeal.

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                                                                                 C.M.P.No.7595 of 2023
                                                                            in S.A.SR.No.40798 of 2023




                                          For Appellant    : Mr.M.R.Dhalapathy Vignesh Kumar
                                          For Respondents : Mr.A.Thiyagarajan
                                                            For R1/Caveator


                                                     JUDGMENT

Learned counsel appearing for the petitioner/appellant seeks

permission of this Court to withdraw the civil miscellaneous petition and he

has also made an endorsement to that effect.

2. In view the submission and the endorsement made by the

learned counsel for the petitioner/appellant, this Civil Miscellaneous Petition

stands dismissed as withdrawn. Consequently, the second appeal is also

rejected in SR stage itself. No costs.

05.09.2023

vca/ham

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

To

1. The IV Additional District and Sessions Court, Coimbatore.

2. The II Additional Sub Court, Coimbatore.

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

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

C.M.P.No.7595 of 2023 in S.A.SR.No.40798 of 2023

A.D.JAGADISH CHANDIRA.,J.

ham

C.M.P.No.7595 of 2023 in S.A.SR.No.40798 of 2023 and S.A.SR.No.40798 of 2023

05.09.2023

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