Jauferaysha Beevi v. A.M.V.M.V.Mohammed Madar Sahab (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR S.A.No.1399 of 2002 and Cross Obj.(MD) No.7 of 2005 S.A.No.1399 of 2002: Jauferaysha Beevi ... Appellant/1st Respondent Plaintiff Vs.

¶1A.M.V.M.V. Mohammed Madar Saheb (Died) ... 1st Respondent/Appellant/ 2nd Defendant

¶2Ayished Jaseela ... 2nd Respondent/2nd Respondent/ 1st Defendant

¶3Badurinnisha Beevi

¶4Yasar Arafath

¶5Vappa Sahib Maraikayar

¶6Syed Abdul Kader ... Proposed Respondents (Respondents 3 to 6 are brought on record as LRS of the deceased 1st Respondent vide order of this Court dated 01.12.2021 made in MP(MD) Nos. 1 to 3 of 2009 in S.A.No.1399 of 2002)

PRAYER: Second Appeal is filed under Section 100 of C.P.C., against the decree and judgment dated 21.05.2002 made in A.S.No.1 of 2000 on the file of the Additional District Judge, Ramanathapuram, reversing the well considered judgment and decree dated 29.10.1999 made in O.S.No.33 of 1995 on the file of the Subordinate Judge, Ramanathapuram. For Appellant :Mr.S.Vellaichamy for M.V.Venkataseshan For Respondents : No appearance Cros Objection (MD)No.7 of 2005:

¶1A.S.V.M.V. Mohammed Madar Saheb (Died) ... Cross Objector/1st Respondent

¶2Badurinnisha Beevi

¶3Yasar Arafath

¶4Vappa Sahib Maraikayar

¶5Syed Abdul Kader ... Proposed Cross Objectors (Cross Objectors 2 to 5 are brought on record as LRS of the deceased Cross Objector vide order of this Court dated 01.12.2021 made in MP(MD) Nos. 1 to 3 of 2009 in S.A.No.1399 of 2002) -Vs-

¶1Jaufer Aysha Beevi

¶2Ayished Jaseela ... Respondents

PRAYER: Cross Objection filed under Order 41 Rule 22 of Civil Procedure Code, to set aside the findings rendered in A.S.No.1 of 2000 on the file of the Additional District Judge-cum-Chief Judicial Magistrate, Ramanathapuram, dated 21.05.2002 and grant a decree in favour of the Cross Objector in the above Second Appeal. For Cross Objectors : No appearance For R1 : Mr.S.Vellaichamy For M.V.Venkataseshan C O M M O N J U D G M E N T The learned counsel appearing for the appellant in the second appeal has circulated a letter to the Registry to the effect that the appellant would like to withdraw the Second Appeal and he is accompanied by the letter of the party indicating that they have amicably settled the matter out of Court.

¶2Hence, this Second Appeal stands dismissed as withdrawn. Consequently connected Cross Objection stands closed. There shall be no order as to costs.

¶3The Registry is directed to refund the Court fee to the appellant as the mater has been settled out of Court.

25.07.2025 NCC : Yes/No

Index : Yes / No Internet : Yes / No ebsi To

¶1The Additional District Judge, Ramanathapuram.

¶2The Subordinate Judge, Ramanathapuram. R.VIJAYAKUMAR,J. ebsi S.A.No.1399oofo2002 and CrossoObj.(MD)oNo.7oofo2005

25.07.2025