T.I.Royappa v. Asala Guru Panithappu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.16381 of 2018

1. T.I.Royappa

2. T.I.Irudayaraj ...

Petitioners Vs 1.A/M.Asala Guru Punithappy Subramania Swamigal Mutt, Neelamangalam Village, Madurantakkam Taluk, Represented by its Executive Engineer, A/M.Kothandaramasamy Temple, Madurantakkam Taluk, Kancheepuram District.

2. A.N.Sivarama Brahman

3. A.N.Hariprasad

4. A.N.Veerasalingam

5. Dilip Nensey Bhatia ...

Respondents Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 24.07.2017 made in O.S.No.3 of 2008 on the file of the District Munsif, Madurantakkam, holding that it has territorial jurisdiction to try the suit in respect of suit item No.1 to 3 properties while deciding the preliminary issue by allowing this Civil Revision Petition.

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For Petitioners : Mr.J.Amirtha Sarayoo For R1 : Mr.K.Hariharan For R2 : Notice served For R3 : Died (Steps due) For R4 : Mr.R.Selvakumar For R5 : Not ready in notice

O R D E R

Today, when the Civil Revision Petition is taken up for hearing, the learned counsel for the petitioners seeks permission of this Court to withdraw the petition.

2. In view of the submission made by the learned counsel for the petitioners, the Civil Revision Petition is dismissed as withdrawn. The petitioners are at liberty to file an appeal as against the Judgment and Decree passed in O.S.No.3 of 2008 dated 24.07.2017. It is made clear that the period of pendency of the Civil Revision Petition may be excluded while calculating the limitation to file the appeal suit as per Section 14 of the Limitation Act. Consequently connected miscellaneous petition is closed. No costs.

13.07.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp 2/4

To The District Munsif, Madurantakkam.

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G.K.ILANTHIRAIYAN,J.

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