Murugan vs Esakki @ Esakki Muthu
2023 Latest Caselaw 12734 Mad

                                                                              S.A.(MD)No.14 of 2007



                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 19.09.2023

                                                     CORAM

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

                                           S.A.(MD)No.14 of 2007 &
                                   C.M.P.(MD)Nos.11253 of 2018 & 497 of 2019
                     1.Murugan
                     2.Kalyani
                     3.A.Rajammal
                     4.R.Shanmuga Udhaya
                     5.M.Ponpandi
                     6.M.Vanamamalai                                         ...Appellants
                     (Cause title accepted as per order dated 23.07.2015 in M.P.(MD)No.1 of
                     2013)
                     (Appellants 3 to 6 are substituted in the place of the 3rd appellant vide
                     Court order dated 22.06.2023 in C.M.P.(MD)No.498 of 2019)
                                                        vs.

                     1.Esakki @ Esakki Muthu
                     2.Thangapandi (died)
                     3.Geetha
                     4.Balaji
                     5.Harish                                       ... Respondents



                     Page 1 of 4
https://www.mhc.tn.gov.in/judis
                                                                                    S.A.(MD)No.14 of 2007



                     (Respondents 3 to 5 are brought on record as LRs of the deceased 2nd
                     respondent vide Court order dated 08.02.2023 in C.M.P.(MD)Nos.396,
                     411 and 412 of 2023)


                     Prayer: Second Appeal filed under Section 100 of the Code of Civil
                     Procedure against the Judgment and Decree dated 16.10.2006 in A.S.No.
                     1 of 2006 on the file of the II Additional Subordinate Judge, Tirunelveli
                     reversing the Judgment and Decree dated 25.10.2005 in O.S.No.246 of
                     2002 on the file of the Principal District Munsif, Valliyur.


                     For Appellant                 :     Mr.H.Arumugam for A1 & A2
                                                         Mr.M.Thirunavukarasu for A3 to A6

                     For Respondents               :     Mr.C.Selvakumar for R1

                                                        JUDGMENT

The learned counsel appearing for the appellants 1 and 2 and the

learned counsel appearing for the appellants 3 to 6 sought permission of

this Court to withdraw the appeal since the matter has been amicably

settled between the parties. They have also filed respective Memos dated

19.09.2023 in that regard.

https://www.mhc.tn.gov.in/judis S.A.(MD)No.14 of 2007

2. In view of the above submissions and Memos dated 19.09.2023,

this Second Appeal is dismissed as withdrawn. No costs. Consequently,

the connected Miscellaneous Petitions are closed.

19.09.2023

NCC:Yes/No Index:Yes/No Speaking/Non-speaking order

mbi

To

1.The II Additional Subordinate Judge, Tirunelveli

2.The Principal District Munsif, Valliyur

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

https://www.mhc.tn.gov.in/judis S.A.(MD)No.14 of 2007

KRISHNAN RAMASAMY, J.

mbi

S.A.(MD)No.14 of 2007

19.09.2023

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