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Madras High CourtCRP/1350/2019allowed

S.Nagarajan v. P.S.Nagarajan(Died)

2019-04-25Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.R.P(PD).No.1350 of 2019 S.Nagarajan

...Petitioner

Vs 1.Immanuvel 2.Esthar Rani Sathiyavathi 3.Prince Samuel ... Respondents Prayer:Civil Revision Petition is filed under Article 227 of the Constitution of India to strike off the plaint in O.S.No.34 of 2015 on the file of the District Munsif Court, Chengalpet. For Petitioner :

Mr.Sreedhar

ORDER

In response to the order of this Court dated 08.04.2019, the revision petitioner, Nagaraju, appeared, his identity was cross checked with the Adhar Card and on the questions posed

by this Court the said Nagaraju has informed the Court that he has nothing to do with the suit schedule property and that he has not initiated or instructed anyone to initiate the suit against the respondents herein.

2.He would submit that he may be permitted to withdraw the suit since the suit is now been filed in his name. This Court taking into consideration the submissions made by the plaintiff himself, is striking of the plaint in the suit O.S.No.34 of 2015, pending on the file of the District Munsif Court, Chengalpet. 3.The defendants were also present before this Court and they have assured that they will withdraw all the criminal proceedings filed against the plaintiff, Nagaraju S/o Subbaiah who has been wrongly described as Nagarajan S/o Srinivasan. The criminal proceedings against M.Gnanasekaran, may be continued.

4.The defendants shall take immediate steps to withdraw the criminal proceedings against the said Nagaraju. The Civil Revision Petition is allowed on the above lines. There shall be no order as to costs.

25.04.2019 kan Index : Yes/No Speaking order/non-speaking order To, The District Munsif, Chengalpet.

P.T.ASHA, J., kan C.R.P(PD).No.1350 of 2019

25.04.2019