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Madras High CourtCMP/16375/2023dismissed as withdrawal

S.Kanagasabapathy v. N.Srinivasan

2024-04-25Honourable Mr Justice R. Subramanian,Honourable Mr.Justice R.Sakthivel4 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.04.2024

CORAM:

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR. JUSTICE R.SAKTHIVEL in C.M.P.No.9633 of 2016 in A.S.Sr.76352 of 2016 1.S.Kanagasabapathy 2.K.Sivakumar ... Petitioners in all petitions Vs.

1.N.Srinivasan 2.N.Jagadeesan ... Respondents in all petitions 3.S.Kavitha @ Geetha 4.S.Jayalakshmi 5.S.Bhavani ... Proposed Respondents 3 to 5 in Prayer in C.M.P.No.

16375 of 2023 : Civil Miscellaneous Petition filed under Order XXII Rule 4 of the Code of Civil Procedure, praying to bring on record the proposed respondents 3 to 5 as the legal representatives of deceased 1st respondent N.Srinivasan in C.M.P.No.9633 of 2016 in 1/4

A.S.Sr.No.76352 of 2016.

Prayer in C.M.P.No.

16376 of 2023 : Civil Miscellaneous Petition filed under Order XXII Rule 9 of the Code of Civil Procedure, praying to set aside the abatement to bring the surviving legal heirs on record of deceased 1st respondent/ defendant N.Srinivasan son of Natesa Naicker in C.M.P.No.9633 of 2016 in A.S.Sr.No.76352 of 2016. Prayer in C.M.P.No.9633 of 2016 : Civil Miscellaneous Petition filed under Order 41 Rule 3-A of the Code of Civil Procedure read with Section 5 of the Limitation Act, praying to condone the delay of 25 days in filing the above appeal against the decree and judgment in O.S.No.99 of 2014 dated 21.07.2015 passed by the learned District Judge No.II, Kancheepuram. For Petitioners :

Mr.M.Saravanakuarm in all the petitions ******* C O M M O N O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) The learned counsel for the petitioners seeks permission to withdraw these petitions and he has also made an endorsement to that effect. 2.

In view of the submission and endorsement made by the 2/4

learned counsel for the petitioners, these petitions are dismissed as withdrawn. Consequently, A.S.Sr.No.76352 of 2016 will stand rejected. No costs.

(R.S.M., J.) (R.S.V., J.) 25.04.2024 dsa Index : No Internet : Yes : No Non-Speaking order 3/4

R.SUBRAMANIAN, J.

and R.SAKTHIVEL , J.

dsa in C.M.P.No.9633 of 2016 in A.S.Sr.76352 of 2016 25.04.2024 4/4