Marry vs Sebasthiyan
2024 Latest Caselaw 292 Mad

Madras High Court

Marry vs Sebasthiyan on 4 January, 2024

                                                                           SA(MD).No.691 of 2013


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 04.01.2024

                                                    CORAM:

                      THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR


                                          SA(MD).No.691 of 2013 and
                                            MP(MD).No.1 of 2013


                    Sengol (died)
                    1.Marry
                    2.Nirmala
                    3.Nepolean
                    (Appellants 2 to 4 are brought on record as
                    LRs of the deceased sole appellant vide Court order, dated 02.01.2024
                    made in CMP(MD).Nos.17221 to 17223 of 2023
                    in SA(MD).No.691 of 2013)                                 ... Appellants

                                                         -vs-

                    1.Sebasthiyan
                    2.Joseph
                    3.Jeevanandam
                    4.Arulmery
                    5.Amalapushpam
                    (respondents 4 and 5 were set ex parte in O.S.No.67 of 2010
                    and in first appeal hence, they were given up in the
                    Second Appeal and notice to them is not necessary in the present
                    Second Appeal)                                          .. Respondents

                    PRAYER: The Second Appeal is filed under Section 100 C.P.C to set

                    aside the Judgment and decree, dated 17.06.2013 in A.S.No.67 of 2010 on

                    the file of the learned Subordinate Judge, Sivagangai reversing the

                   1
https://www.mhc.tn.gov.in/judis
                                                                               SA(MD).No.691 of 2013


                    Judgment and decree, dated 30.01.2010 in O.S.No.69 of 2008 on the file of

                    the learned District Munsif, Sivagangai.

                                  For Appellants       : Mr.V.R.Shanmuganathan

                                  For Respondents       : Mr.S.Srinivasa Raghavan for R1 and R3
                                                          R2 – died
                                                          R4 and R5 – exparte


                                                        JUDGMENT

The learned counsel appearing for the appellants circulated a

letter, dated 03.01.2024 stating that the appellants have requested for

withdrawal of the Second Appeal through a letter, dated 02.01.2024 and

sought for permission of this Court to withdraw this Second Appeal.

2. Considering the same, this Second Appeal is dismissed as

withdrawn. No costs. Consequently, the connected Miscellaneous Petition

is closed.

                                                                                    04.01.2024
                    Internet : Yes / No
                    Index    : Yes / No
                    trp

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

To

1. The learned Subordinate Judge, Sivagangai.

2. The learned District Munsif, Sivagangai.

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

MUMMINENI SUDHEER KUMAR. J.

trp

SA(MD).No.691 of 2013 and

04.01.2024

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