IN THE HIGH COURT OF JUDICATURE AT MADRAS DATE: 22-06-2010 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Second Appeal No.1118 of 2009 & M.P.No.1 of 2009 Mr.P.Bakthavatchalam ..Appellant/1st Defendant Versus 1. Mr.M.Elangovan 2. Tahsildar Perambur Purasawalkam Taluk, Perampur High Road, Chennai 600 011 3. The District Collector, Chennai District, 1st Lane Beach, Chennai 600 001 ..Respondents/Plaintiff & Defendants 2 & 3 Prayer: Appeal filed under section 100 of the Civil Procedure Code against the Judgment and decree in A.S.No.335 of 2007 dated 23.09.2008 passed by the City Civil Court (Fast Track Court No.V, Chennai confirming the Judgement and Decree in O.S.No.2752 of 2000 dated 04.01.2005 passed by the XIV Asst. Judge, City Civil Court at Chennai. For Appellant : Mr.K.Mohanamurali For first Respondent : Mr.G.PremAnand Rao J U D G M E N T At this stage of the hearing of this Second Appeal, the learned counsel appearing on behalf of the appellant had submitted that he may be permitted to withdraw the Second Appeal. He had also made an endorsement to that effect. However, he had submitted that this Court may be pleased to grant him the liberty to file a separate suit to establish his right, in respect of the suit property. https://hcservices.ecourts.gov.in/hcservices/ 2.Even though this Court is not inclined to grant such a relief, as prayed for by the learned counsel for the appellant, it is made clear that it goes without saying that it would be open to the appellant to file such a suit, if he is so advised, in the manner known to law. 3.Based on the submission made by the learned counsel appearing on behalf of the appellant and in view of the endorsement made by the learned counsel for the appellant, this Second Appeal is dismissed as withdrawn. sd/- Asst.Registrar /True copy/ Sub.Asst.Registrar arr To 1. The City Civil Court, (Fast Track Court No.V), Chennai. 2. The XIV Assistant Judge, City Civil Court, Chennai. + 1 c.c. to Mr. G. Prem Anand Rao, Advocate. S.R.No.44833. Second Appeal No.1118 of 2009 GV (CO) GSK 01.07.2010. https://hcservices.ecourts.gov.in/hcservices/