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Madras High CourtCS/86/2014withdrawn dismissed

Srinivasan P.Kannan v. P.S.Varadan

2023-09-19Honourable Mr Justice A.A.Nakkiran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.09.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN C.S. No.86 of 2014 Srinivasan P. Kannan ...Plaintiff vs

1. P.S.Varadan

2. Murali

3. K.Jalaja

4. K.Jayanthi

5. Kalyani Ammal (Deceased) 6.Ksthuri Rangan

7. Mythili

8. R. Raman (Defendants 5 to 8 impleaded as per order dt 17.07.2017 in A.No.1505/2017)

9. K. Krishnan

10. K. Badri

11. K.Chitra ..Defendants (Defendants 9 to 11 brought on record as L.Rs of the deceased 5th defendant as per order dt 31.08.2018 in A.No.3908 & 3909/2018 Prayer: Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1 of the Civil Procedure Code praying for a judgment and decree for the following reliefs:- a) Granting a preliminary decree for partition and separate possession 1/4

of plaintiff's 33 1/3 share in the schedule "A" and "B" described properties to the plaintiff herein by metes and bounds, by an Advocate Commissioner; or by any other mode as this court may deem fit and proper; b) Directing the first and second defendants to herein to render true and proper accounts for the income from the suit schedule "A" and "B" described properties, for the period after the demise of the father of the plaintiff herein i.e., late P.S.Kannan, within a time limit fixed by this court and direct the first and second defendants herein to pay the plaintiff his 33 1/3 share of the net income therefore and c) Directing the first and second defendants to pay the costs of the suit.

For Plaintiff : Mr.K. Nagendra Prasad For Defendants : No appearance

J U D G M E N T

When the matter is taken up for hearing, the learned counsel appearing for the plaintiff seeks permission of this Court to withdraw the Suit and he has also made an endorsement to that effect in the Court bundle.

2. Recording the submission and endorsement made by the learned 2/4

counsel for the plaintiff, this Civil Suit is dismissed as withdrawn. No costs. 19.09.2023 gv A.A.NAKKIRAN,J.

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gv C.S. No.86 of 2014 19.09.2023 4/4