Muniyammal v. Mrs.C.Delliboy And 3 Others

A.No.3073 of 2021 in OP No. 811 of 2012 ABDUL QUDDHOSE, J.

Learned counsel for the applicant seeks permission of this Court to withdraw the application in view of the fact that subsequent to the issuance of the Succession Certificate in favour of the first respondent, the first respondent has already received the retirement benefits of the deceased and compassionate appointment has also been given to the fourth respondent, the son of the deceased.

2. However, the learned counsel for the applicant seeks liberty to proceed against the respondents in accordance with law for recovery of the amounts alleged to have been unlawfully received by them.

3. The submission made by the learned Counsel appearing for the petitioner is recorded.

4. Accordingly, this application, filed to condone the delay of 1191 days in filing the application to set aside the order dated 27.04.2018 passed in OP No.811 of 2012, is dismissed as withdrawn.

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ABDUL QUDDHOSE, J.

sr/rgi

5. However, if so advised, liberty is granted to the petitioner in A.No.3073 of 2021 to proceed against the respondents/the petitioners in OP No. 811 of 2012 legally for the recovery of the alleged dues in accordance with law. 10.11.2021 sr/rgi A.No.3073 of 2021 in OP No. 811 of 2012 10.11.2021 http://www.judis.nic.in