Arumugam v. Mahalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2022

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI and M.P.No.1 of 2015 1.Arumugam 2.Palaniammal @ Pappathi 3.Sivakami 4.Ragunathan 5.Gokila @ Gokilambal .. Petitioners Vs.

1.Mahalingam 2.Bakkiyalakshmi @ Kaliyathal 3.Vijayalakshmi 4.Leelavathi 5.Sarasammal 6.Subramaniam 7.Viswanathan 8.Natarajan 9.Govindammal .. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the 1/4

Constitution of India, against the fair and decretal order dated 04.02.2015 made in I.A.No.846 of 2014 in O.S.No.243 of 2008 on the file of the District Munsif Court, Avinashi.

For Petitioners : Mr.K.Govi Ganesan

ORDER

(The matter is heard through "Video Conferencing") The learned counsel appearing for the petitioners submitted that Civil Revision Petition is filed challenging the order allowing I.A.No.846 of 2014 in O.S.No.243 of 2008, dated 04.02.215, which was filed under Order XXIII Rule 1(3)(b) of C.P.C., to permit the respondents 1 to 4 to withdraw the suit with liberty to file fresh suit on the same cause of action.

2.Today, when the Civil Revision Petition is taken up for hearing, the learned counsel appearing for the petitioners submitted that at the time of admission, this Court has not granted any interim order. The 2/4

fresh suit filed by the respondents 1 to 4 was taken on file and the said suit is four years old. The petitioners filed written statement and are contesting the suit. In view of the same, the petitioners are not pressing the present Civil Revision Petition.

3.Recording the above submissions made by the learned counsel appearing for the petitioners, the Civil Revision Petition is dismissed as not pressed. No costs. Consequently, connected Miscellaneous Petition is closed.

07.01.2022 kj To The District Munsif Avinashi.

V.M.VELUMANI,J.

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