J.S.M.Palanivel Chettiar v. K.V.M.Abdul Kareem Deceased

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.10.2019 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY C.R.P.No.4562 of 2013 and M.P.No.1 of 2013 J.S.M.Palanivel Chettiar ... Petitioner Vs.

K.V.M.Abdul Kareem (Deceased) 1.K.T.M.A.Habeeba Ayesha 2.A.Altaf Hussain 3.A.Javed Hussain 4.Thaneen 5.A.H.Mazia 6.A.H.Sherin Farhana ... Respondents Petition filed under Article 227 of the Constitution of India against the order dated 23.10.2013 in E.A.No.3269 of 2013 in E.P.No.872 of 2013 in O.S.No.6793 of 1999 passed by the X Assistant Judge, City Civil Court, Chennai. For Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.A.R.Shamsudeen

O R D E R

Mr.M.Radhakrishnan, learned counsel appearing for the petitioner seeks the permission of this Court to withdraw the Civil Revision Petition with liberty to challenge the judgment and decree passed in A.S.No.393 of 2005 on the file of the Additional District Court, Fast Track Court - IV, Chennai dated 20.12.2006 for the reason that the petitioner who was the appellant in the First Appeal has not engaged the counsel who argued the appeal before the Lower Appellate Court. Further, the learned counsel for the petitioner submitted that on verification from the counsel whose name was mentioned in the judgment and decree in A.S.No.393 of 2005, the said counsel had informed him that he has not argued the First Appeal before the Lower Appellate Court on behalf of the petitioner/appellant.

2.In view of the representation made by the learned counsel for the petitioner and also the endorsement made by him, the Civil Revision Petition is dismissed as withdrawn. It is open to the petitioner to challenge the judgment and decree https://hcservices.ecourts.gov.in/hcservices/

dated 20.12.2006 made in A.S.No.393 of 2005 on the file of the Additional District Court, Fast Tract Court - IV, Chennai, in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar va To 1.The X Assistant Judge, City Civil Court, Chennai. 2.The Additional District Court, Fast Tract Court - IV, Chennai.

+1cc to Mr.A.R.Shamsudeen, Advocate SR.No.88360 +1cc to Mr.M.Radhakrishnan, Advocate SR.No.88528 C.R.P.No.4562 of 2013 and M.P.No.1 of 2013 LN(CO) GMY(28/11/2019) https://hcservices.ecourts.gov.in/hcservices/