Palani v. Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2021

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.2331 of 2015 and M.P.No.1 of 2015, C.M.P.Nos.12511, 12514,12518,12523,12524 &12526 to 12529 of 2021 and C.R.P.(PD).No.1759 of 2017 and C.M.P.Nos.8296 of 2017, 12501,12510,12512,12515 to 12517,12519,12521 & 12522 of 2021 C.R.P.(PD)No.2331 of 2015 1.Palani 2.Selvaraj 3.Suseendran 4.Bhuvaneswari 5.Kasthuri 6.Lakshmi Priya .. Petitioners Vs.

1.Rajendran 2.Gnanasekaran 3.Seralathan 4.Ramalingam 5.Devaki 6.Kalaivani 7.Vasantha 8.Vijaya 1/6

9.Sakunthala 10.Panneerselvam 11.Anbazhagan 12.Valarmathi 13.Elangovan 14.Ramasamy 15.Natarajan 16.Dharmarajan 17.Dharmendran .. Respondents (Respondents 1 to 8 and 17 are not necessary parties to the revision petition) Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 17.03.2015 made in I.A.No.668 of 2014 in O.S.No.555 of 2006 on the file of the Principal District Munsif Court, Cuddalore. For Petitioners : Mr.R.Gururaj For Respondents : Mr.R.Rajavelavan (For RR1 to 11, 13 to 16) No appearance (For R17) C.R.P.(PD)No.1759 of 2017 1.Palani 2.Selvaraj 3.Dharmendran 4.Suseendran 2/6

5.Bhuvaneswari 6.Kasthuri 7.Lakshmi Priya .. Petitioners Vs.

1.Rajendran 2.Gnanasekaran 3.Seralathan 4.Ramalingam 5.Devaki 6.Kalaivani 7.Vasantha 8.Vijaya Sakunthala (died) 9.Panneerselvam 10.Anbazhagan 11.Valarmathi 12.Elangovan 13.Ramasamy 14.Natarajan 15.Dharmarajan .. Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 13.02.2017 made in I.A.No.745 of 2016 in O.S.No.555 of 2006 on the file of the Principal District Munsif Court, Cuddalore. 3/6

For Petitioners : Mr.R.Gururaj For Respondents : Mr.N.Suresh (For RR1 to 10, 12 to 15) No appearance (For R11) C O M M O N O R D E R (The matter is heard through 'video conferencing/hybrid mode') The learned counsel appearing for the petitioners submitted that the respondents 3, 4 and 6 died and the petitioners have filed 18 Civil Miscellaneous Petitions in these two Civil Revision Petitions to implead the legal heirs of the deceased respondents 3, 4 and 6. 2.Though C.R.P.(PD).No.2331 of 2015 is filed against the order impleading the respondents 9 to 16 as parties in O.S.No.555 of 2006 and C.R.P.(PD).No.1759 of 2017 is filed challenging the dismissal of I.A.No.745 of 2016 filed under Order VII Rule 11 of C.P.C. to reject the counter claim, when the matter is taken up for hearing, the learned counsel for the petitioners, appearing through video conference, sought permission of this Court to withdraw the Civil Revision Petitions with 4/6

liberty to raise the grounds now raised in these petitions, before the Trial Court in the suit.

3.Recording the submission made by the learned counsel appearing for the petitioners, the Civil Revision Petitions are dismissed as withdrawn. Consequently, connected Miscellaneous Petitions are closed. 09.08.2021 Index :: Yes/No gsa To The Principal District Munsif, Cuddalore.

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V.M.VELUMANI, J.

gsa C.R.P.(PD)Nos.2331 of 2015 & 1759 of 2017 09.08.2021 6/6