Dismissed¶¶21

Ayyamperumal(Died),1.Mariyammal, v. Parimalam

Madras HC6 Aug 2025CMP(MD)/7459/2022

Case brief

AI extract

What is this about?

Withdrawal at SR stage; condonation of delay petition dismissed as withdrawn; connected second appeal S.A.(MD)No.SR42200 of 2018 dismissed consequentially; Section 100 CPC appeal directed against A.S.No.4 of 2016 (Sub Court, Sivakasi) reversing O.S.No.28 of 2012 (District Munsif, Sattur); Order IV Rule 3(A) CPC delay condonation not adjudicated; parties Mariyammal, Ayyamperumal, Balaji, Jeyalakshmi v. Parimalam, Krishnamoorthy; Madurai Bench of Madras High Court; G.ARUL MURUGAN, J.; dated 06.08.2025; no case law cited; no quantum.

What did the court decide?

None. The civil miscellaneous petition was dismissed as withdrawn and the connected second appeal (at SR stage) was dismissed consequentially; no order as to costs. ¶¶21

Ayyamperumal(Died),1.Mariyammal, Vs Parimalam — Madras HC (2025) — LawSathi Research

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C.M.P.(MD)No.7459 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 06.08.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN

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C.M.P.(MD)No.7459 of 2022 in S.A.(MD)No.SR42200 of 2018 and S.A.(MD)No.SR42200 of 2018

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1.Mariyammal 2.Ayyamperumal 3.Balaji 4.Jeyalakshmi ... Petitioners / Appellants

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/Vs./

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1.Parimalam 2.Krishnamoorthy ...Respondents / Respondents

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PRAYER in C.M.P.(MD)No.7459 of 2022 : Civil Miscellaneous Petition filed under Order IV Rule 3(A) of CPC to condone the delay of 5 days in filing the above second appeal.

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PRAYER in S.A.(MD)No.SR42200 of 2018 : Second Appeal filed under Section 100 of the Civil Procedure Code to set aside the judgment and decree in A.S.No.4 of 2016 dated 31.01.2018 on the file of Sub Court,

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1/4

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

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C.M.P.(MD)No.7459 of 2022

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Sivakasi, reversing the judgment and decree in O.S.No.28 of 2012 on the file of the District Munsif, Sattur, dated 01.12.2015.

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For Petitioners : Mr.N.Mariappan

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JUDGMENT

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The learned counsel appearing for the petitioners / appellants had

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circulated a letter along with the letter signed by the parties seeking permission to withdraw this petition and also the second appeal in SR stage. An endorsement has also been made to the effect.

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2. In view of the letter circulated and the endorsement so made,

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this civil miscellaneous petition is dismissed as withdrawn. Consequently, connected second appeal is also dismissed in SR stage itself. There shall be no order as to costs.

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06.08.2025

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Index : Yes / No NCC : Yes / No Sm

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2/4

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

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C.M.P.(MD)No.7459 of 2022

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TO: