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Madras High CourtOSA/128/2019withdrawn dismissed

Akila Vijayakumar v. Saraswathy Bhuvarahan

2019-06-10Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE O.S.A.No.128 of 2019 and C.M.P.Nos.11336 to 11338 & 11340 of 2019 Smt.Akila Vijayakumar W/o.Sri.Vijayakumar No.1, Maharaja Surya Road, Alwarpet, Chennai 600 018.

... Appellant Vs 1.Smt.Saraswathy Bhuvarahan W/o.Late Sri.Bhuvarahan, New No.78, Old No.6A,Sriman Srinivasan Road, Venus Colony, Alwarpet, Chennai 600 018.

2.Smt.Uma Ravi, W/o.Sri Ravishankar, Old No.94, 4th Street, Abiramapuram, Chennai 600 018.

3.Smt.T.Srilatha, W/o.Sri.Tamilselvam, No.15, 1st Cross Street, Natesan Nagar, Pondicherry - 5.

4.Smt.Srisudha Gnanaprakasam, No.25/19, F.D.Moorthy Road, Kumbakonam 612 001.

5.Sucharita Vijayakumar, D/o.Vijayakumar, No.1, Maharaja Surya Road, Alwarpet, Chennai 600 018.

6.Mr.Vikram Vijayakumar, S/o.Vijayakumar, No.1, Maharaja Surya Road, Alwarpet, Chennai 60 0018.

... Respondents

PRAYER:- Appeal against the fair and decreetal order of the learned Judge passed in Application No.1302 of 2019 in T.O.S. No.1 of 2018 dated 28.02.2019. and Applications are filed under Order XIV Rule 8 of the Original Side Rules and read with Section 24 of the Civil Procedure Code read with clause 13 of Letters Patent and read with section 151 of Civil Procedure Code, praying to (i) pass an order to withdraw and transfer the cases of OS.No.4120 of 2014, OS.No.5455 of 2014 and 5047 of 2015 on the file of XIII Assistant City Civil Court, Chennai to this court in order to try along with the above Testamentory Original Suit No.1 of 2018.

For Appellants :

Mr.K.Azhagu Raman For Respondent :

Mr.Viduthalai, Senior counsel for M/s.A.V.Bharathi

JUDGMENT

(Judgment of the Court was delivered by N.KIRUBAKARAN, J) When the matter is posted for admission, the learned Counsel appearing for the appellant seeks leave of this Court to withdraw this appeal and made an endorsement to that effect. 2.In view of the representation and endorsement made by the learned counsel appearing for the appellant, the Appeal is dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sai

To 1.

The Sub Assistant Registrar, Original Side, High Court, Madras-104.

+1cc to M/s.A.V.Bharathi, Advocate, S.R.No.46398 O.S.A.No.128 of 2019 NRJK(CO) CS/12/06/2019