SA No. 361 of 2008 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2025 CORAM THE HONOURABLE Mr.JUSTICE S.S.SUNDAR S.A.No.361 of 2008 and M.P.No.1 of 2008 1.M.E.Lakshmi Devi 2.Minor Anjalay Minor Rep. by her mother and guardian first appellant ... Appellants / Appellants/ Plaintiffs Vs 1.Uma Devi 2.Minor Theja Minor Rep. by her mother and natural guardian first respondent ... Respondents / Respondents/ Defendants Prayer : Second Appeal filed under Section 100 of CPC, against the judgment and decree dated 30.11.2005 on the file of the Additional Sub Court, Chingleput, in A.S.NO.40 of 2005 and confirming the judgment and decree in O.S.No.34 of 2003 dated 12.01.2005 on the file of the District Munsif cum Judicial Magistrate, Thirukalukundram. For Appellants : Mr.R.Sankara Subbu For Respondents : Mr.K.Ramnath Reddy for R1 & R2 https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 R2 Minor Rep by R1 JUDGMENT The learned counsel appearing for the appellants after arguing for sometime, seeks permission of this Court to withdraw the second appeal. He has also made an endorsement in the case bundle. 2. Recording the submissions made by the learned counsel for the appellant and the endorsement so made, this second appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is closed. 25.02.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No ds To: 1. The Additional Sub Court Chingleput. 2.The District Munsif cum Judicial Magistrate Thirukalukundram. https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 3.The Section Officer VR Section, High Court, Madras. https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 S.S.SUNDAR. J., ds S.A.No.361 of 2008 25.02.2025 https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-03-2025 CORAM THE HONOURABLE MR JUSTICE S. S. SUNDAR SA No. 361 of 2008 1. M.E.Lakshmidevi W/o. Chandrasekar C/o. E.M.Srinivasulu, H-310, 3/74/3, 4th Cross, Vidyanagar, Thirupathi. 2.Minor Anjalay D/o. Chandrasekar, Minor Rep. By Her Mother And Guardian First Petitioner. C/o. E.M.Srinivasulu, H-310, 3/74/3, 4th Cross, Vidyanagar, Thirupathi. Appellant(s) Vs 1. Uma Devi D/o. Erukula Komari, Chinnanaganna Theja, Sivapalli Village, Thadimari Post, Ananthapur Dist. 2.Minor Theja M/o. Umadevi, Minor Rep. By M/ng First Respondent Sivapalli Village, Thadimari Post, Ananthapur Dist. Respondent(s) https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 For Appellant(s): M/s.R.Sankarasubbu K.Ilayaraja Major Declaration Petition Not Filed For A2 And R2 Vide C/o. Dt: 17.03.2021 For Respondent(s): M/s K.Ramnath Reddy K.Aparnadevi K.Hari Krishnan For R1 And R2 R2 -minor Rep. By R1 ORDER (1)Today, the above Second Appeal is listed under the caption ''For Being Mentioned'' at the instance of the learned counsel for the appellants. (2)This Court, on 25.02.2025, has dismissed the Second Appeal after recording the endorsement made by the learned counsel for the appellants. (3)However, this Court failed to observe that withdrawal of the second appeal will be without prejudice to the second appellant/minor daughter claim share in the assets of her father under Section 16 of the Hindu Marriage Act. Hence, the learned counsel for the appellants made a mention before this Court to protect the right of the second appellant/minor giving her liberty to make a claim, i.e., a share in the property of her father subject to proof of factum of marriage under Section 16 of Hindu Marriage Act. https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 (4)Though, learned counsel for the respondents raised an objection to the contention of the learned counsel for the appellants, this Court is of the view that the right of the minor second appellant should be protected. (5)Accordingly, the following observation is to be incorporated as paragraph No.3 in the order dated 25.02.2025 and fresh order copy may be issued to the parties concerned:- ''3.The withdrawal of this second appeal is without prejudice to the rights if any, of the second appellant who is a minor, to claim right in terms of Section 16 of Hindu Marriage Act, that is, to claim a share in the assets/properties of her father on proof of factum of marriage.'' 25-03-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 To 1.Uma Devi D/o. Erukula Komari, Chinnanaganna Theja, Sivapalli Village, Thadimari Post, Ananthapur Dist. 2.Minor Theja M/o. Umadevi, Minor Rep. By M/ng First Respondent Sivapalli Village, Thadimari Post, Ananthapur Dist. https://www.mhc.tn.gov.in/judis SA No. 361 of 2008 S.S.SUNDAR J. AP SA No. 361 of 2008 25-03-2025 https://www.mhc.tn.gov.in/judis