Dismissed¶38

K.Muthusamy v. K.Nagaraj

Madras HC4 Jul 2025SA/95/2009

Case brief

AI extract

What is this about?

Madras High Court; S.A.No.95 of 2009; C.V. Karthikeyan J.; decided 04.07.2025; Second Appeal under Section 100 CPC; withdrawal of appeal by appellants; endorsement and memo filed; second appellant's memo citing mortgage of respondent's property, declaration as Non Performing Asset and sale in auction; appeal dismissed as withdrawn; no costs; arises from A.S.No.51 of 2004 (Subordinate Court, Namakkal, 29.10.2007) reversing O.S.No.379 of 2002 (District Munsif Court, Namakkal, 10.06.2004); no substantive issue decided; no precedent discussed.

What did the court decide?

Permission to withdraw the Second Appeal; appeal dismissed as withdrawn with no order as to costs. ¶38

K.Muthusamy Vs K.Nagaraj — Madras HC (2025) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 04.07.2025

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Coram

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The Hon'ble Mr. Justice C.V.KARTHIKEYAN

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S.A.No.95 of 2009

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1.K.Muthusamy 2.K.Muthusamy 3.K.M.Kannan

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...Appellants

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1.K.Nagaraj 2.K.Ponnusamy @ Karuppa Gounder Ramayee (died)

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3.Karupayee

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4.Veerammal

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5.Subbiah

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6.Muthusamy

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7.Vimala Devi

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8.Amsavalli

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9.Kaliammal

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10.Muthammal

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11.Lakshmi

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12.Ponnusamy ...Respondents

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The Second Appeal filed under Section 100 of CPC, against the judgment and decree made in A.S.No.51 of 2004 dated 29.10.2007 on the file of the Subordinate Court, Namakkal, reversing the judgment and decree passed in O.S.No.379 of 2002 dated 10.06.2004 on the file of the District Munsif Court, Namakkal.

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

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	2
For Appellant	: Mr.K.V.Babu
For R1	: Mr.S.Senthil
R2 to R12	: Given up

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JUDGMENT

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The learned Counsel for the appellants seeks permission of this Court

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to withdraw this Second Appeal, and he has also made the following

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endorsement to that effect:

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“Appellant may be permitted to withdraw the Second

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Appeal. Hence may be recorded and Second Appeal is closed”

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2.The learned counsel for the appellants had also filed a memo which is as follows:

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“It is humbly submitted that I am the 2^nd

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appellant in the above mentioned Second Appeal.

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The Respondent herein had mortgaged his property

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and the same was declared as Non Performing Asset

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

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and was sold in auction. Therefore, the Respondent has no right in the property and I am not willing to proceed with the present case as against the Respondent herein. It is humbly prayed that this Hon'ble Court may be pleased to permit to withdraw the Second Appeal, record the same and thus render justice.”

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3.In view of the above, this Second Appeal is dismissed as

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withdrawn. No costs.

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04.07.2025

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smv Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No

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