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Madras High CourtCRP/2610/2015closed

Rakesh Goel, S/Osri Prem Chand v. Padam Modi

2020-11-09Honourable Mr Justice P. Rajamanickam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2020

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM C.R.P(PD).No.2610 of 2015 and M.P.No.1 of 2015 1.Rakesh Goel 2.Prem Chand Goel 3.Kaushalya Goel ... Petitioners Vs.

Padam Modi ... Respondent Prayer: Civil Revision Petition is filed under Section 115 of the Code of Civil Procedure, to call for the records culminating in the Fair and Decreetal order dated 30.04.2015 passed in I.A.No.5580 of 2015 in O.S.No.10255 of 2010 by the learned III Additional City Civil Court, Chennai, to set aside the same and dismiss the said suit in O.S.No.10255 of 2010.

For Petitioners : Mr.Arun Anbumani For Respondent : Mr.S.S.Raghavan and Mr.S.R.Rajagopal 1/4

ORDER

This Civil Revision Petition has been filed by the Petitioner/1st Defendant against the dismissal of the Application in I.A.No.5580 of 2015 in O.S.No.10255 of 2010 on the file of the III Additional Judge, City Civil Court, Chennai dated 30.04.2015. 2.The petitioner herein had filed an Application in I.A.No.5580 of 2015 in O.S.No.10255 of 2010 on the file of the III Additional Judge, City Civil Court, Chennai to dismiss the suit, on the ground, that the Plaintiff (PW1) was not subjecting himself for cross examination. The learned III Additional Judge, City Civil Court, Chennai by the order dated 30.04.2015 had dismissed the said petition. Feeling aggrieved, the Petitioner/1st Defendant has filed the present Civil Revision Petition.

3. When this matter came up for hearing today, both sides counsel appeared through Video Conferencing. The learned counsel for the Respondent/Plaintiff has submitted that the Respondent/Plaintiff gave instructions to thim to withdraw the suit before the Trial Court. He further submitted that the suit is posted before the Trial Court on 2/4

18.11.2020 and on that date, he will withdraw the said suit and hence he requests to close this petition and he undertakes to send an e-mail to that effect.

4.Recording the aforesaid submissions, this Civil Revision petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

09.11.2020 Index :Yes/No Internet : Yes/No jas To The III Additional City Civil Court, Chennai.

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P.RAJAMANICKAM.J., jas C.R.P(PD).No.2610 of 2015 and M.P.No.1 of 2015 09.11.2020 4/4