Govindaraj v. Amavasai (Died)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)No.19 of 2016 & C.M.P.No.75 of 2016 Govindaraj ... Petitioner v.

Amavasai (died) 1.Chinnammal 2.Venugopal 3.Manimegalai 4.Thangamani 5.Manikandan 6.Shanmugham ... Respondents Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair order and decreetal order dated 10.10.2015 passed in E.A.No.120 of 2014 in E.P..No.28 of 2007 in O.S.No.17 of 2004 on the file of the learned Subordinate Judge, Panruti. For Petitioner : Mr.R.Gururaj

M. DURAISWAMY,J., Rj

O R D E R

Since the impugned order is appealable order, the learned counsel appearing on behalf of the petitioner sought permission of this court to withdraw the Civil Revision Petition with liberty to challenge the same by way of an appeal before the District Court, Cuddalore and to that effect he has also made an endorsement in the memorandum of grounds in the Civil Revision Petition.

2. In view of the same, the above Civil Revision Petition is dismissed as withdrawn. The petitioner is given liberty to challenge the impugned order by way of an appeal before the District Court, Cuddalore. No costs. Consequently, connected miscellaneous petition is closed. 11.01.2016 Index : Yes/No Note : (i) Issue copy of the order by 18.01.2016 (ii) Registry is directed to return the original certified copy of the fair and decreetal order to the learned counsel for the petitioner.

Rj To The Subordinate Judge, Panruti C.R.P.(NPD)No.19 of 2016 & C.M.P.No.75 of 2016