Dismissed¶29

Divya Bharathi v. Shanthi

Madras HC18 Jul 2025AS(MD)/296/2021

Case brief

AI extract

What is this about?

Withdrawal of first appeal; A.S.(MD)No.296 of 2021; Section 96 CPC; Divya Bharathi v. Shanthi & others; O.S.No.35 of 2017, Additional District and Sessions Court (FTC), Tenkasi; judgment and decree dated 08.01.2021; appeal dismissed as withdrawn; no costs; Madurai Bench of Madras High Court; K.K. Ramakrishnan, J.; decision dated 18.07.2025.

What did the court decide?

Permission to withdraw the appeal suit granted; appeal dismissed as withdrawn with no costs. ¶29

Divya Bharathi Vs Shanthi — Madras HC (2025) — LawSathi Research

¶1

A.S..(MD)No.296 of 2021

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED: 18.07.2025

¶4

CORAM:

¶5

THE HON'BLE MR JUSTICE K.K. RAMAKRISHNAN

¶6

A.S.(MD)No.296 of 2021

¶7

Divya Bharathi ... Appellant/Plaintiff

¶8

Vs.

¶9

1.Shanthi 2.Pushpalatha 3.S.Ramanathan 4.Boopathy 5.Sivagurunathan ... Respondents/Defendants

¶10

Prayer: The Appeal Suit has been filed under Section 96 of Civil Procedure Code, to set aside the Judgment and Decree dated 08.01.2021

¶11

made in O.S.No.35 of 2017 on the file of the Additional District and Sessions Court (FTC), Tenkasi, in so far as against the appellant and to decreeing the suit in toto.

¶12

For Appellant : Mr.G.Sridharan For Respondents : Mr.K.Prabhu for R1 & R2 No Appearance for R3 to R5

¶13

1/5

¶14

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

¶15

A.S..(MD)No.296 of 2021

¶16

JUDGMENT

¶17

This appeal suit has been filed to set aside the Judgment and Decree

¶18

dated 08.01.2021 made in O.S.No.35 of 2017 on the file of the Additional District and Sessions Court (FTC), Tenkasi, in so far as against the appellant and to decreeing the suit in toto.

¶19

2.On the basis of the letter dated 15.07.2025, circulated by the learned counsel for the appellant the matter is posted today under the caption 'for withdrawal'. Annexing the letter and affidavit of the appellant, the above said letter has been circulated by her counsel.

¶20

3.In the affidavit the appellant has stated as follows:

¶21

“1.I am the appellant in the Appeal Suit and as such well acquainted with the facts of the case.

¶22

2.I humbly submit that I do not wish to prosecute further the above appeal suit and I seek permission of this Hon'ble Court to withdraw the above appeal suit ends of justice therefore require that I may be permitted to withdraw the above Appeal Suit.”

¶23

2/5

¶24

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

¶25

A.S..(MD)No.296 of 2021

¶26

4.In the letter sent by the appellant it has been stated as follows: @Iah vdJ je;ijapd; brhj;jpy; vdJ g';if ,uz;oy; xU g';F nfhhp fle;j 2021Mk; Mz;L tpz;zg;gj;J fle;j 5 Mz;Lfshf elj;jp tUfpnwd;/ nkYk; ,e;j tHf;if elj;j ,ayhjjhy; ,g;nghJ bjd;fhrp nfhh;l;od; jPh;g;g[ go K:d;wpy; xU g';F bgw rk;kjpf;fpnwd;/ Mjyhy; kJiu cah; ePjpkd;wj;jpy; tpz;zg;gpj;j nky;KiwaPl;il jpUk;g bgw;Wf; bfhs;fpnwd;/@

¶27

4.On the basis of the affidavit and letter submitted by the appellant,

¶28

the learned counsel for the petitioner seeks permission of this Court to withdraw the above said appeal suit. He has also made an endorsement to that effect.

¶29

5.Recording the same, this appeal suit is dismissed as withdrawn. No costs.

¶30

18.07.2025

¶31

NCC :yes/No Index :yes/No Internet:yes/No TM

¶32

3/5

¶33

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

¶34

A.S..(MD)No.296 of 2021