AS No. 403 of 2021 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MRS.JUSTICE R. KALAIMATHI AS No. 403 of 2021 C.Saravanan S/o. K. Chinnaiyan, No.23/11, First Floor, Jambulingam Street, Nungambakkam, Chenani 34. ..Appellant(s) Vs. 1. Palanisamy S/o. Nachimuthu Gounder, Pothikadu, Puthur Pudupalayam Village, Valliprathampalayam Post, Erode Taluk. 2. The P. Poongodi W/o. D. Kanagaraj, Veppamapalayam, Valliprathampalayam Post, Erode Taluk 3. P. Jayanthi W/o. N. Senthilkumar, Thayirpalayam, Gangapuram Post, Erode Taluk. 4. Benze Vacations Club A Society represented by Its Managing Director, C. Saravanan, Now Mr. S. Dipak, S/o. K. Chinnaiyan, 23/11, First Floor, Jambulingam St, Nungambakkam, Chennai 34. 5. S. Dipak S/o. N. Subramaniam, https://www.mhc.tn.gov.in/judis AS No. 403 of 2021 __________ Page2 of 4 Rayankattu Thottam, Nathagoundanpalayam, T. Poondurai, Erode District 6. T. Jagadeesan S/o. T.S. Thangavel, No.286, Arachalur Road, Thamarai Palayam, Unjalur Via, Erode Taluk and District. ..Respondent(s) Prayer: This Appeal Suit is filed under Section 96 of Code of Civil Procedure, 1908, to set aside the Judgement and Decree dated 31.01.2020 made in OS No.237 of 2011 on the file of II-Additional District Judge, Erode by allowing the First Appeal. For Appellant(s) : Mr.V.Balasubramani For Respondent(s): Ms.D.Sathya for R1 to R3 JUDGMENT A Memo has been filed by the learned counsel for the respondents no.1 to 3 to the effect that the plaintiffs are not interested to execute Clause 2 to 4 of the impugned judgment and he has taken possession of the suit property in E.P.No.42 of 2020 on 01.12.2021 itself. 2. The said Memo is taken on record. 3. Having taken note of the said Memo details, learned counsel for the appellant has made endorsement to dismiss the appeal as not pressed. In view of the same, this Appeal Suit stands dismissed as not pressed. There is https://www.mhc.tn.gov.in/judis AS No. 403 of 2021 __________ Page3 of 4 no order as to costs. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MAC To 1. The II Additional District Court, Erode 2. Benze Vacations Club A Society represented by its Managing Director, C. Saravanan, Now Mr. S. Dipak, S/o. K. Chinnaiyan, 23/11, First Floor, Jambulingam St, Nungambakkam, Chennai 34. https://www.mhc.tn.gov.in/judis AS No. 403 of 2021 __________ Page4 of 4 R.KALAIMATHI, J. MAC AS No. 403 of 2021 24-07-2026 https://www.mhc.tn.gov.in/judis