R. Abel Johnson v. G.Rathinaraj (Deceased)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE O.S.A.No.199 of 2017 and C.M.P.No.14004 of 2017 1.R.Abel Johnson 2.R.Yovel Selvaraj 3.R.James Paul 4.A.Ghanaselvi 5.R.Yowan Thangaraj 6.R.Rabakkal ... Appellants/Defendants 3 to 8 Vs.

G.Rathinaraj (deceased)

1. Sri Muthukumaraswamy Permanent Fund Ltd.

Represented by its Board of Directors 288, Purasawalkam High Road, Purasawalkam, Chennai - 600 007.

2. Mrs.B.Vellaiammal ... Respondents/1 & 2 Defendants Plaintiffs Appeal filed under Order XXXVI Rule 1 of O.S.Rules read with under Clause 15 of the Letters Patent against the order dated 29.06.2016 made in Application No.1247 of 2016 in C.S.No.982 of 2008.

Application praying this Court pleased to pass an order permitted the Plaintiff to amend the plaint in C.S.No.982 of 2008.

For Appellants : Mr.R.Natesh Kumar https://hcservices.ecourts.gov.in/hcservices/

JUDGMENT

[Judgment of the Court was made by RAJIV SHAKDHER, J.]

1. The learned counsel for the appellants say that he does not wish to press this appeal.

1.1. He further says that, whatever defence that the appellants want to take will be taken by filing an amended written statement.

1.2. Learned counsel has also made an endorsement on the paper book expressing his consent to withdraw the appeal.

2. We are sure that the learned single Judge, will give liberty to the counsel for the appellant to file an amended written statement, albeit, in accordance with law.

3. The appeal is, accordingly, dismissed as not pressed. Consequently, connected application will also stand closed. There shall, however, be no order as to costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vsm To The Sub Assistant Registrar, Original Side, High Court, Madras 104.

+1cc to Mr.R.Natesh Kumar, Advocate, S.R.No.63290 O.S.A.No.199 of 2017 KK(CO) CA(05/10/2017) https://hcservices.ecourts.gov.in/hcservices/