BHANUMATHY Vs. M. RAGHUNATHAN

JUDGEMENT

(1.) This execution second appeal has been filed under order XXI read with Sec. 100 of the Code of Civil Procedure challenging decree and judgment in A.S. No.87 of 2022 dtd. 9/10/2023 on the files of the Court of the District Judge, Palakkad arising from the order in E.A. No.241/2022 in E.P. No.37/2020 in O.S. No.536 of 2012 dtd. 8/11/2022 on the files of the Principal Munsiff Court, Palakkad.

(2.) Heard the learned counsel for the appellant as well as the learned counsel appearing for respondents 1 and 2, who filed caveat petition No.1010 of 2023.

(3.) The learned counsel for the appellant, after arguing for a while, submitted that, at present, a separate suit as O.S. No.531/2023 has been filed by the appellant before the Munsiff Court, Palakkad and an interim injunction also was granted in the said suit. Therefore, the appellant shall pursue his remedy in the suit and this execution second appeal may be dismissed as withdrawn.