M.Chandrasekaran v. V.Doss Naidu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2017 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA C.R.P.(NPD).No.303 of 2016 and C.M.P.No.1615 of 2016 1.M.Chandrasekaran 2.Ramachandran 3.Gangadaran 4.Janardhanam Chandrabushanam (died) 5.Jamuna 6.Munirathinam 7.Mrs.Dilliammal .. Petitioners/Respondents 1 to 4, 6 to 9/ Defendants 1 to 4, 6 to 9 -Vs.- 1.V.Doss Naidu .. Respondent/Petitioner/Plaintiff 2.Rushyendramani .. Respondent/Respondent/Defendant-5 Prayer:

Civil Revision Petition is filed under Section 115 of CPC against the order and decree dated 21.11.2015 passed by the District Munsif, Ponneri in

E.P.No.59 of 2010 in O.S.No.224 of 1998.

For Petitioner : Mr.BS.Jhothimaran For Respondent : Mr.P.V.Muralidhar, for R1 R2 - Given up

O R D E R

Today (23.01.2017), a fresh and correct undertaking affidavit dated 21.01.2017 has been filed by the petitioners. The learned counsel appearing for the respondent/decree holder would submit that the undertaking given by the petitioners is sufficient and the respondent does not want to pursue the contempt.

2.Recording the submission made by the learned counsel for the respondent and also the undertaking affidavit filed by the petitioners, the Civil Revision Petition stands allowed. Consequently, the order of arrest, dated 21.11.2015 passed by the learned District Munsif, Ponneri in E.P.No.59 of 2010 in O.S.No.224 of 1998 is hereby set aside. Connected miscellaneous petition is closed. No costs.

23.01.2017 pgp

R.MALA, J.

pgp C.R.P.(NPD).No.303 of 2016 Dated : 23.01.2017 http://www.judis.nic.in