Mrs.Shoba Daniel v. Col.E.S.Sathyanesan (Retd)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and A.Nos.1, 1248, 451, 456 & 867 of 2025 and O.A.No.116 of 2024 Mrs.Shoba Daniel ...Plaintiff vs.

1.Col.E.S.Sathyanesan (Retd) 2.Dr.Samuel Newton Sathyanesan 3.Mrs.A.Shanti Raj ...Defendants PRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure, 1908, prays that this Hon'ble Court be pleased to pass a judgment and decree as under: a) Directing the partition of the properties which are more fully described in the Schedule by metes and bounds between the plaintiff and the defendants 1 to 3 and deliver 1/4th share to the plaintiff in the Schedule property "A".

b) Grant a permanent injunction restraining the defendants, their men, agents, servants or persons claiming through or under from in any manner alienating, encumbering or otherwise dealing with the Schedule property; c) Direct the defendants to pay costs of the suit d) Pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. 1/3

For Plaintiff : Mr.Abhijith Christopher For Defendants : Mr.D.Daniel (For D1 & D2) No appearance (For D3)

JUDGMENT

The learned counsel appearing for the plaintiff would seek permission of this Court to withdraw the present suit. He has also made an endorsement to that effect and the same reads as under:

"Withdrawn on 21.04.2025 with liberty sought to file fresh suit."

2. Recording the above said submission and endorsement of the learned counsel for the plaintiff, the suit in C.S.No.41 of 2024 stands dismissed as withdrawn. No costs. Consequently, connected applications are closed.

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K.KUMARESH BABU, J.

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