Madras High Court
Valliammal vs N.Subramanian on 21 March, 2018
Author: A.Selvam
Bench: A.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 21.03.2018 CORAM THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN A.S.No.496 of 2013 and M.P.No.1 of 2013 Valliammal .. Appellant Vs 1.N.Subramanian 2.Sellammal [deceased] 3.Velammal [deceased] 4.N.Saraswathi .. Respondents [R4 impleaded vide order of the Court dt.13.7.15 made in M.P.No.2/2015] First Appeal preferred under Section 96 of the Code of Civil Procedure, 1908, against the judgment and decree dated 28.03.2013 made in O.S.No.780 of 2008 by the IV Additional District Judge, Coimbatore. For Appellant : Mr.S.Subbiah For Respondents : Mr.M.S.Krishnan, Senior Counsel for Mr.K.Govi Ganesan for R1 : Mr.T.A.Shagul Hameed for R4 J U D G M E N T
[Judgment of the Court was delivered by A.SELVAM, J.] The appellant herein has filed an affidavit, wherein, it is averred to the effect that she is withdrawing the appeal.
2.Considering the affidavit filed by the appellant herself, this Appeal Suit is dismissed as withdrawn. No costs.
3.The learned counsel appearing for the fourth respondent has represented to the effect that the fourth respondent has not been impleaded in Original Suit No.780 of 2008 and the fourth respondent is also having partible interest in the suit properties. Since the appellant herself has withdrawn the Appeal Suit, the fourth respondent is directed to workout her remedy in the final decree proceedings.
Connected Miscellaneous Petition also dismissed.
[A.S., J.] [P.K., J.] 21.03.2018 gya To IV Additional District Court, Coimbatore. A.SELVAM, J. and P.KALAIYARASAN, J. gya A.S.No.496 of 2013 and M.P.No.1 of 2013 21.03.2018