R.Sivaprakasam v. R.Soundarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2016

CORAM

THE HONOURABLE THIRU JUSTICE M. DURAISWAMY C.R.P.(NPD)Nos.240 and 241 of 2016 and C.M.P.Nos.1186 and 1187 of 2016 R. Sivaprakasam ... Petitioner in both the revisions vs R. Soundarajan ... Respondent in both the revisions Civil Revision Petitions filed under Article 227 of the Constitution of India against the judgment and decree of the District Munsif at Thiruvotriyur dated 3.4.2009 made in O.S.No.1115 of 1997 and 29.4.2009 made in O.S.No.1117 of 1997.

For Petitioner :

Mr.G. Jermiah C O M M O N O R D E R Learned counsel for the petitioner sought the permission of this court to withdraw the Civil Revision Petitions with liberty to file first appeals as against the judgment and decree passed in O.S.Nos.1115 and 1117 of 1997 on the file of District Munsif Court, Thiruvotriyur. The learned counsel for the petitioner has also made an endorsement M. DURAISWAMY,J.,

sr to that effect. Permission is granted. In view of the endorsement made by the learned counsel for the petitioner, both the Civil Revision Petitions are dismissed as withdrawn.

2.

It is open to the petitioner to file first appeals as against the judgment and decree passed in O.S.Nos.1115 and 1117 of 1997 in accordance with law. It is also open to the lower Appellate Court to decide the application, to be filed by the petitioner/defendant, for condonation of the delay, in filing the first appeals, on merits and in accordance with law.

No costs. Consequently, connected CMPs are closed. 12.7.2016 sr Index:no website:yes To The District Munsif Court, Thiruvotriyur CRP(NPD)Nos.240 & 241 of 2016