Madras High Court
Rajeswari (Died) vs Narayanan on 4 September, 2025
A.S.Nos.779 & 780 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2025
CORAM:
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
A.S.No.779 & 780 of 2012
and
M.P.No.1 of 2012 & CMP.No.19220 of 2022
A.S.No.779 of 2012
Rajeswari (Died)
2. Venance Kamala
3. Venance Mourouga Ravy
4. Venance Malliaga
(Sole Appellant died, A2 to A4 are
brought on record as LRs of deceased
sole appellant, vide order of Court dated
30.01.2025 made in CMP.Nos.19512, 19517
& 19519 of 2024 in A.S.No.779 of 2012) ... Appellants
Vs.
1. Narayanan
2. Amudha
3. Sathyanarayanan
4. Loganayaki (Died)
5. The Commissioner,
Cuddalore Municipality,
Cuddalore,
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A.S.Nos.779 & 780 of 2012
having office at
Municipal Buildings,
Bharathi Road,
Cuddalore – 607 001.
6. Director of Town & Country Planning,
Chengalpattu,
having office at Chengalpattu
7. Deputy Director of
Town & Country Planning
Cuddalore,
having office at Cuddalore.
8. District Registrar,
Cuddalore,
having office at Cuddalore.
9. Sub-Registrar, Joint – II,
Cuddalore.
Having office at Cuddalore.
10. Mala @ Bhuvaneswari
(Respondents 5 to 9 are not necessary
parties in this appeal)
11. Parandhaman
(4th respondent died, R11 brought into
record as LRs of the deceased 4th
respondent viz., (Loganayaki) vide
Court order dated 09.02.2022 made
in CMP.Nos.14345, 14347 & 14343
of 2021 in A.S.No.779 of 2012) ... Respondents
A.S.No.780 of 2012
Rajeswari
(By Power of Attorney agent
K.Nagarajan) ... Appellant
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A.S.Nos.779 & 780 of 2012
Vs.
1. Mala @ Bhuvaneswari
2. Loganayaki (Died)
3. Narayanan
4. Vasanthi
5. Parandhaman
(2nd respondent died, R5 brought into
record as LRs of the deceased 2nd
respondent viz., (Loganayaki) vide
Court order dated 09.02.2022 made
in CMP.Nos.14349 to 14351
of 2021 in A.S.No.780 of 2012) ... Respondents
COMMON PRAYER: Appeal Suits filed under Section 96 of the Civil
Procedure Code, to set aside the Judgment and Decree passed on
26.08.2011 in O.S.Nos.200 & 7 of 2010 on the file of the learned
Additional District Judge, Fast Track Court - II, Cuddalore.
For Appellants
in both petitions : Mr.S.C.Viswanath
For Respondents
in A.S.No.779/2012 : Mr.M.Kaviveerappan for R1
: No Appearance for R2 & R3
: R4-Died
: Mr.G.Nanmaran
Special Government Pleader
for R5 to R9
: Mr.S.William for R10
: Mr.R.Dhanasekaran for R11
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A.S.Nos.779 & 780 of 2012
For Respondents
in A.S.No.780/2012 : Mr.S.William for R1
: R2-Died
: Mr.M.Kaviveerappan for R3
: Mr.N.Subramanian for R4
: Mr.R.Dhanasekaran for R5
COMMON ORDER
These Appeals have been filed to set aside the Judgment and
Decree passed on 26.08.2011 in O.S.Nos.200 & 7 of 2010 on the file of
the learned Additional District Judge, Fast Track Court - II, Cuddalore.
2. The learned counsel appearing for the appellants filed a memo
dated 03.09.2025 seeking leave of the Court to withdraw the appeals.
3. The learned counsel appearing for the 11th respondent in
A.S.No.779 of 2012 and fifth respondent in A.S.No.780 of 2012 opposed
the memo filed by the learned counsel for the appellants.
4. The 11th respondent in A.S.No.779 of 2012 and fifth respondent
in A.S.No.780 of 2012 has not filed any appeal or cross-appeal
challenging the finding of the trial Court. Therefore, he is not entitled to
oppose the plea raised by the learned counsel appearing for the
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A.S.Nos.779 & 780 of 2012
appellants. Memo is recorded. Both the appeals are dismissed as
withdrawn. Consequently, connected Miscellaneous Petitions are
closed. No costs.
04.09.2025
dh
To
1. The Commissioner,
Cuddalore Municipality,
Cuddalore,
having office at
Municipal Buildings,
Bharathi Road,
Cuddalore – 607 001.
2. Director of Town & Country Planning,
Chengalpattu,
having office at Chengalpattu
3. Deputy Director of
Town & Country Planning
Cuddalore,
having office at Cuddalore.
4. District Registrar,
Cuddalore,
having office at Cuddalore.
5. Sub-Registrar, Joint – II,
Cuddalore.
Having office at Cuddalore.
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A.S.Nos.779 & 780 of 2012
S.SOUNTHAR, J.
dh
A.S.Nos.779 & 780 of 2012
04.09.2025
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