AS.No.530 of 2022 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-06-2025 CORAM THE HONOURABLE DR JUSTICE G. JAYACHANDRAN A.S.No.530 of 2022 AND CMP NO. 19581 OF 2022 K. Srinivasan S/o. Kannaiyan, Pallikoodam Street, Thenimalai, Tiruvannamalai Town and Taluk. ... Appellant/2 nd Defendant Vs. 1. Narayanasamy S/o. Rangasamy, No. 165, Chengam Road, Tiruvannamalai Taluk and District. K. Brindha (deceased), Kanniyan (deceased) ... Respondent/Plaintiff 2.Gomathi W/o. Janakiraman, No. 136, Pallikoodam street, Thenimalai, Tiruvannamalai town and Taluk. 3.Savithiri D/o. Kanniyan, No. 661/206, 16 th Street, Thamarai Nagar, Tiruvannamalai Town and Taluk. https://www.mhc.tn.gov.in/judis AS.No.530 of 2022 4.Rajaram S/o. Kanniyan, No. 136, Pallikoodam street, Thenimalai, Tiruvannamalai town and Taluk. ... Respondents/Defendants 4 - 6 PRAYER: Appeal Suit has been filed under Section 96 read with Order 41 Rule 1 of Code of Civil Procedure, pleased to set aside the Judgment and Decree in O.S.6 of 2017 dated 05-08-2022 on the file of the Principal District Court, Tiruvannamalai, as illegal, incompetent and without jurisdiction. Appellant (s): Ms.V.Srimathi For Respondent(s): Mr.K.Govi Ganesan, for R1 No appearance, for R2 to R4 ORDER This appeal suit is filed by the 2 nd defendant as against the judgment and decree passed by Principal District Court, Tiruvannamalai in O.S.No.6 of 2017. 2. A preliminary decree was passed in the mortgage suit for a sum of Rs.21,79,541/-. Being aggrieved, the 2 nd defendant/appellant has preferred the Appeal Suit. During the pendency of the appeal, a letter was circulated through the Learned Counsel to the Registry, intimating that he is withdrawing the appeal and has no objection for the plaintiff to withdraw a sum of Rs.10,90,000/- deposited in the suit account. https://www.mhc.tn.gov.in/judis AS.No.530 of 2022 3. Recording the letter of the appellant and the memo filed by the Counsel on record, the appeal suit is dismissed. The appellant shall be entitled for refund of Court fees in accordance with law. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs. 30-06-2025 Index:Yes/No Neutral Citation:Yes/No bsm https://www.mhc.tn.gov.in/judis AS.No.530 of 2022 G.JAYACHANDRAN J. bsm AS No. 530 of 2022 AND CMP NO. 19581 OF 2022 30-06-2025 https://www.mhc.tn.gov.in/judis