Ratan Kumar Arya v. Dr.K.Balakrishna Iyer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.10.2018

CORAM:

THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE R.SUBRAMANIAN Original Side Appeal No.48 of 2014, M.P.No.1 of 2014 and CMP No.13547 of 2017 1.Ratan Kumar Arya 2.Krishna Arya ...Appellants vs.

1.Dr.K.Balakrishna Iyer 2.Jayaprakash Kothari 3.Uma Jayaprakash Kothari ...Respondents (R2 and R3 impleaded as party respondents vide order dated 09.07.2014 in M.P.Nos.2 and 3/2014 in OSA No.48/2014) Original Side Appeal filed under Clause 15 of Letters Patent and Order 36 Rule 9 of the Original Side Rules, against the judgment and decree dated 19.12.2013 in C.S.No.386 of 2002. For Appellants : Mr.M.Sricharan Rangarajan For Respondents : Mr.J.Ravikumar for R1 Mr.G.Govindarajan for R2 and R3 K.K.SASIDHARAN,J.

and R.SUBRAMANIAN,J.

(svki)

J U D G M E N T

(delivered by K.K. SASIDHARAN,J.) The first appellant is no more. The second appellant filed a memo through the counsel indicating that she is not interested to prosecute the appeal. The learned counsel has also made an endorsement to that effect.

2. In view of the memo filed by the second appellant, the Original Side Appeal is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petitions are closed. (K.K.SASIDHARAN.,J.) (R.SUBRAMANIAN.,J.) 11 October 2018 svki O.S.A.No.48 of 2014