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Madras High CourtCRP/1888/2023disposed of

Shri Jinduttsuri Jain Mandal v. S.Mukanchand Bothra (Deceased)

2026-06-25Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-06-2026

CORAM

THE HONOURABLE MR JUSTICE ABDUL QUDDHOSE AND CMP NO. 21120 OF 2025

1. Shri Jinduttsuri Jain Mandal

2. M.Dharamchand Gulecha Petitioner(s) Vs S.Mukanchand Bothra (Deceased) 1.M.Gagan Bothra 2.Navrathan Bothra 3.Ranjitchand Gulecha Respondent(s) PRAYER Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the order dated 03.02.2023 passed in IA.No.2 of 2019 in OS.No. 2267 of 2018 on the file of the IV Assistant City Civil Court, Chennai. For Petitioner(s):

Ms. Dipthi Munoth for Mr. P. Prithvi Chopda For Respondent(s):

Mr. M.Gagan Bothra Respondent in person for R1

ORDER

The first respondent, who is appearing as a party-in-person, would submit that the suit filed by the respondents in O.S. No. 2267 of 2018 on the file of the IV Assistant City Civil Court will be withdrawn by the respondents shortly. The

said statement is recorded.

2. Since the suit itself is going to be withdrawn by the respondents, the impugned order, which has been challenged by the petitioners, who is the defendants in the suit, need not be considered in this Civil Revision Petition and it will be an exercise in futility.

3. After recording the undertaking given by the first respondent, who is appearing as a party-in-person, that the suit in O.S. No. 2267 of 2018 on the file of the IV Assistant City Civil Court, Chennai, is going to be withdrawn, this Civil Revision Petition is dismissed as infructuous.

4. In case the respondents fail to withdraw the suit as undertaken before this Court, liberty is also granted to the petitioners to approach this Court once again for restoring this Civil Revision Petition. No Costs. Consequently, connected miscellaneous petition is closed.

25-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ab To The IV Assistant City Civil Court, Chennai.

ABDUL QUDDHOSE J.

ab AND CMP NO. 21120 OF 2025 25-06-2026