The High Court of Judicature at Madras disposed of a second appeal filed by Vaishnavi and others against a family suit judgment. The court dismissed the appeal as withdrawn by the appellants, conceding the respondents liberty to approach the final decree.
Second appeal dismissed as withdrawn with liberty to respondents to approach final decree.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
S.A.No.1578 of 2011
and
M.P. No.1 of 2011
1. M.Muralidharan (Deceased)
2. Kousalya Ravi 3. Sam Vardhan
4. Vaishnavi ... Appellants / Plaintiffs
(Appellants 2 to 4 brought on record
as legal heirs of the deceased sole appellant
vide order of Court dated 11.09.2014 in
M.P.No.1/12 in S.A.No.1578 of 2011)
Vs.
1. Kanakavalli 2. D.Santha 3. G.Chandra Prabha 4. G.Geethamani 5. R.Dhara Soundari
6. The Tahsildar,
Coimbatore North,
Coimbatore.
7. R.M.Kannan
8. D.Govindarajan
(R8 impleaded vide order of Court
dated 11.09.2014 in M.P.No.1/12 in
S.A.No.1578 of 2011)
9. R.Chiranjith Navin Dev
10. D.Ganesan
11. M/s.Arun Bakery Enterprises Pvt. Limited,
Represented by its authorised Signatory,
A.L.Baskar,
Room No.,D.G.. Building,
Nehru Nagar Main Road,
Civil Aerodrame Post,
Coimbatore - 14.
(R9 to 11 impleaded as party respondent
vide order of Court dated 30.10.2014
in M.P.Nos.2 to 4/14 in S.A.No.1578 of 2011)
Prayer : Second Appeal filed under Section 100 of the Civil
Procedure against the judgment and decree dated 17.06.2011 in
A.S. No.107 of 2008, on the file of the Additional District and
Sessions Court/ Fast Track Court II, Coimbatore, partly reversing
the judgment and decree dated 01.07.2008 in O.S.No.182 of 2001,
on the file of the learned Principal Subordinate Court,
Coimbatore.
For Appellants: Mr.J.Ramakrishnan
For R8 to 11: Mr.Muthumani Doraisamy
R6: Dr.S.Suriya
Government Advocate
R2 to R5 : Mr.K.Suresh
for Mr.M.S.Krishnan
R7: No Appearance
JUDGMENT
The learned counsel appearing for the appellants seeks
permission of this Court to withdraw this second appeal. He has
also filed a Memo dated 20.10.2021 to that effect.
2. Recording the above said submission and the memo,
this second appeal is dismissed as withdrawn with a liberty to
the respondents to agitate their rights at the time of passing
of the final decree. No costs. Consequently, connected
miscellaneous petition is closed.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
ham/bga
To
1. The Additional District and Sessions Court/ Fast Track Court II, Coimbatore.
2. Principal Subordinate Court, Coimbatore.
3. The Tahsildar, Coimbatore North, Coimbatore.
4. The Section Officer, VR Section, High Court, Madras.
+1cc to M/s.J.Ramakrishnan, Advocate, S.R.No.53807+1cc to M/s.Muthumani Doraisami, Advocate, S.R.No.53922+2cc to M/s.K.Suresh, Advocate, S.R.No.53945+1cc to M/s.V.Raghavachari, Advocate, S.R.No.53758+1cc to the Government Pleader, S.R.No.53978S.A.No.1578 of 2011
SJ(CO)
SB(02/11/2021)
1 issue framed by the court
Whether the second appeal was maintainable given the wish of the appellants to withdraw.
1 provisions across 1 enactments
Vaishnavi and others
Kanakavalli and others
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court