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Madras High CourtCMP/1188/2005dismissed

Govindasamy Padayachi v. Subramanyam,

2022-06-22Honourable Mr Justice C.V. Karthikeyan2 pages

C.M.P.Nos. 1188, 1189 & 1190 of 2005 And S.A.No. 220 of 2003 C.V.KARTHIKEYAN, J.

Memo has been filed by the learned counsel for the appellant.

2. In the memo, it had been stated that the first respondent Palanisamy Padayachi had died on 23.08.2003 and therefore, C.M.P.Nos. 1188, 1189 and 1190 of 2005 had been filed. However, the sons of Palanisamy Padayachi are already on record as the respondent Nos. 1 to 3. Therefore, the issue of abatement would not arise. Consequently, the learned counsel had made an endorsement in C.M.P.Nos. 1188 and 1189 of 2005 seeking permission to withdraw the said Civil Miscellaneous Petitions.

3. In view of the endorsement made in both the Civil Miscellaneous Petitions, C.M.P.Nos. 1188 & 1189 of 2005 are dismissed. C.V.KARTHIKEYAN, J.

https://www.mhc.tn.gov.in/judis vsg

4.

In view of the said memo, Registry may delete 7th respondent / Subramanian, 9th respondent/Ramaiyya and 10th Respondent/Murukesan and rearrange the serial numbers.

5. Issue notice to the respondent Nos. 1 to 11 in C.M.P.No. 1190 of 2005 through Court and also privately returnable by 07.07.2022. However, list the matter once again on 28.06.2022 to show proof of issuance of notice.

vsg 22.06.2022 C.M.P.Nos. 1188, 1189 & 1190 of 2005 And S.A.No. 220 of 2003 https://www.mhc.tn.gov.in/judis