K.Dhanalakshmi v. Arulmighy Dharmaraja Temple

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2018

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(PD)No.2181 of 2015 & C.M.P.Nos.12735, 12736, 12060 of 2016 and M.P.No.1 of 2015 1.K.Dhana Lakshmi 2.K.Vasantha 3.K.Devi 4.K.Pushpa Latha 5.K.B.Rajendran .. Petitioners Vs.

1.Arulmighu Dharamaraja Temple Represented by its Dharmakartha/fit person Old No.12, New No.18 Evening Bazaar road Chennai-600 003.

2.M.D.Kasthuri 3.M.D.G.Rajkumar 4.M.D.Balaji 5.The District Collector Collectorate of Chennai Singara Velan Maligai Chennai-600 001.

6. The Tahsildar Office of the Fort Tondiarpet taluk Chennai-600 003.

7.The Commissioner Corporation of Chennai Ripon Building Chennai-600 003.

8.The Commissioner Hindu Religious and Charitable Endowment Board, N.H.road, Chennai-600 034.

9.The Deputy Commissioner (Now the Joint Commissioner) Hindu Religious and Charitable Endowment Board, N.H.road, Chennai-600 034.

.. Respondents PRAYER: Civil Revision Petition filed under Article 227 of the constitution of India, fair and decretal order dated 16.04.2015 made in I.A.SR.No.14518 of 2015 in O.S.No.4018 of 2012 on the file of the XVIII Assistant Judge, City Civil Court, Chennai. For Petitioners :Party-in-persons 1.K.Dhana Lakshmi 2.K.Vasantha 3.K.Devi 4.K.Pushpa Latha (No appearance) 5.K.B.Rajendran For R1 : No appearance For R2 to R4 : Mr.V.Deenadayalan For R5 to R9 : No appearance

ORDER

Today, the petitioners 1 to 3 and 5 are present and they have produced their identity cards to prove their identity and the same have been verified by this Court. The fourth petitioner viz.,

K.Pushpalatha, is not present before this Court, as she underwent surgery on her leg.

2. The petitioners 1 to 3 and 5 submitted that pending Civil Revision Petition, they filed I.A.No.12247 of 2016 in O.S.No.4018 of 2012 under Order XXIII Rule 1 C.P.C. to permit the petitioners to withdraw the suit with liberty to file a fresh suit with the same cause of action. The said application was allowed by order dated 12.12.2017 and liberty was given to the petitioners to file another suit with the same cause of action. In view of the same, the petitioners seek permission of this Court to withdraw the Civil Revision Petition and the petitioners 1 to 3 and 5 have also made an endorsement to that effect.

3. Recording the endorsement made by the petitioners 1 to 3 and 5 and the order passed in I.A.No.12247 of 2016 in O.S.No.4018 of 2012, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed. 27.02.2018 kj

V.M.VELUMANI,J.

Kj To XVIII Assistant Judge, City Civil Court, Chennai. C.R.P.(PD)No.2181 of 2015 & C.M.P.Nos.12735, 12736, 12060 of 2016 and M.P.No.1 of 2015 27.02.2018