Second Appeal filed under Section 100 CPC was dismissed as withdrawn by the appellant, with liberty to file a fresh suit regarding the procedure of sale.
Second Appeal dismissed as withdrawn with liberty to file fresh suit in accordance with law.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.08.2017
CORAM
THE HONOURABLE MR.JUSTICE S.BASKARAN
S.A.No.729 of 2013
P.Appvavoo ...Appellant/Plaintiff
..Vs..
1.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai-34. 2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Salem 3.The Inspector,Hindu Religious and Charitable Endowment Board, Kailasanathar Koil, Tiruchengode 4.The District Collector,Namakkal 5.The Revenue Divisional Officer, Tiruchengode 6.The Tahsildar,Tiruchengode 7.The Village Administrative Officer, Agaram Village, Tiruchengode Taluk. 8.The Planning Officer,D.R.D.A.,Namakkal 9.The Block Development Officer, Elachipalayam Union,Tiruchengode Taluk. ... Respondents/Defendants
Prayer: This Second Appeal has been filed under Section 100 of Civil Procedure Code., praying against the judgment and decree passed in A.S.No.9 of 2011 dated 22nd December 2011 on the file of Subordinate Judge, Tiruchengode,confirming the judgment and decree in O.S.No.201 of 2008 dated 25th October 2010 on the file of District Munsif Court, Tiruchengode.
For Appellant : Mr.W.C.Sreedhar for Mr.K.Vellayaraj For Respondents : Mr.Jayaram Raj,G.A
JUDGMENT
The learned counsel for the appellant seeks permission of this Court to withdraw the appeal and he has also made an endorsement to that effect. The said endorsement reads as follows:-
"The main prayer in the suit has become infructuous since sale has been effected. It is prayed the appellant may be permitted to approach the appropriate Court to question the procedure of sale. Hence, this Second Appeal may be withdrawn".
Sd/-
Assistant Registrar(CS VIII)
//True Copy//
Sub Assistant Registrar
nvi
To
1.The Subordinate Judge, Tiruchengode
2.The District Munsif Tiruchengode.
copy to The Section Officer VR Section High Court Madras +1 cc to Mr.K.Vellayaraj Advocate sr 61165
br(co) aa08/09/2017
P.Appvavoo
Commissioner, Hindu Religious and Charitable Endowment Board, Chennai
S. Baskaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
