Madras High CourtCRP/2516/2017dismissed as infructuous

Nanik Melwani (Deceased) v. Kalyanji K. Saiya

2023-08-08Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2023 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P(PD)No.2516 of 2017 and CMP.No.11869 of 2017 Nanik Melwani (Deceased) 1.Deepak Mirpuri 2.Paranthaman 3.Vicky M Melwani 4.Anup N.Melwani ... Petitioners 1.Kalyani K.Saiya 2.Naresh Ghanshyamdas 3.Suresh Ghansyamdas 4.K.Vanaja, Propreitrix 5.M/s.Pan Asia Logistics Represented by Amit First floor, 1-A, 138 Royapettah High Road Luz, Mylapore, Chennai-600 004.

6.M/s.Sri Bukhari Pir Agencies Represented by Sheela First floor, 1-B, 138 Royapettah High Road Luz, Mylapore, Chennai-600 004 7.Rani.V.Mirpuri 8.The Chairman Chennai Metropolitan Development Authority Thalamuthu Natrajan Building Egmore, Chennai-600 003.

9.The Corporation Commissioner Corporation of Chennai 1/4

Rippon Building, Chennai-600 017.

10.T.V.Satyanarayana 11.Ravi Appaswamy Managing Director M/s.Appaswamy Real Estates No.3 Mangesh, T.Nagar, Chennai 600 017.

.. Respondents (Cause title and power of Attorney accepted vide order of Court dated 28.04.2017 by this Court made in CMP.No.4041/2017 to 4044/2017 in CRP.SR.Nos.67611/2016 & 67608/2016.) Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.4987 of 2012 in O.S.No.11695 of 2010 allowing the amendment of suit prayer on the file of the learned XII Assistant Judge, City Civil Court, Chennai. For Petitioners : Mr.R.Parthasarathy For Respondents : Ms.K.Ashwini Devi (for R9) Mr.G.Veerapathiran (for R1) No Appearance (for R2, R3, R8, R10 & R11) R4 to R7 - Not ready notice

O R D E R

The learned counsel appearing for the 1st respondent seeks permission to withdraw I.A.No.4987 of 2012 with the liberty to file a fresh application for amendment. Liberty granted. This civil revision petition becomes infructuous. Accordingly, it is dismissed as infructuous. 2/4

2.The learned trial Judge is directed to return the amended plaint that has been filed by the plaintiff, since the application on the basis of which, the amendment was carried out, has been withdrawn before this Court. No costs. Consequently, connected miscellaneous petition is closed.

08.08.2023 Index:Yes/No (1/2) Speaking order/Non-speaking order To The XII Assistant Judge, City Civil Court, Chennai.

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V. LAKSHMINARAYANAN,J.

C.R.P(PD)No.2516 of 2017 and CMP.No.11869 of 2017 08.08.2023 (1/2) 4/4