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Madras High CourtOSA/232/2020dismissed as withdrawal

Vijeyandrashanmughanathan v. M/S Sri Srinivasa Constructions

2020-12-23Honourable Mr Justice R.Subbiah,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2020

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MR.JUSTICE C.SARAVANAN O.S.A.Nos.232 and 233 of 2020 and C.M.P.Nos.11798 and 11799 of 2020 O.S.A.No.232 of 2020 Vijeyandra Shanmughanathan ... Appellant/3rd Respondent vs 1.M/s.Sri Srinivasa Constructions Plot No.35, Street No.3, Sagar Cooperative Housing Society, Road No.2, Banjara Hills, Hyderabad.

2.Shymalakumari 3.Mahendra Shanmughanathan 4.K.R.Attullah Badsha ... Respondents/Appellants and Respondents 1,2 & 4 (since no relief was sought against R4 before the Single Judge and he remained ex parte notice, notice may be dispensed with for him) O.S.A.No.233 of 2020 Shymalakumari ... Appellant/1st Respondent vs 1.M/s.Sri Srinivasa Constructions Plot No.35, Street No.3, Sagar Cooperative Housing Society, Road No.2, Banjara Hills, Hyderabad.

2.Mahendra Shanmughanathan 3.Vijeyandra Shanmughanathan 4.K.R.Attullah Badsha ... Respondents/Appellant/ Respondents 2 & 4 (since no relief was sought against R4 before the Single Judge and he remained ex parte notice, notice may be dispensed with for him) Prayer: Original Side Appeals filed under Clause 15 of the Letters Patent r/w Order XXXVI Rule 1 of Original Side Rules against the order passed by this Court in O.A.No.242 of 2020 dated 07.09.2020.

For Appellants:

O.S.A.No.232 of 2020 : Ms.P.Srividhya for M/s.A.Muthukumar O.S.A.No.233 of 2020 :Ms.C.R.Rukmani COMMON JUDGMENT [Judgment of the Court was delivered by R.SUBBIAH, J] These matters are heard through Video Conference.

2. When the matters are taken up for hearing, learned counsel for appellants seek permission of this Court to withdraw the present appeals and they have also filed a Memo dated 21.12.2020 to that effect.

3. The Memo dated 21.12.2020 reads as follows: ' MEMO FILED BY THE COUNSEL FOR APPELLANT We appear for the appellant in the above matter. We have instructions from our Client to withdraw the above appeal. Hence this Hon'ble Court may be pleased to permit the appellant to withdraw the above appeal and render justice. The letter given by the appellant in this regard is also filed along with this memo.'

Recording the Memo dated 21.12.2020, the Original Side Appeals are dismissed as withdrawn. No costs. Connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.A.Muthukumar, Advocate Sr.42780 +1cc to Mrs.C.Rukumani, Advocate Sr.42781 O.S.A.Nos.232 and 233 of 2020 vba[co] srg 04/01/2021