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Madras High CourtCRP/299/2019withdrawn dismissed

Senthilkumar(Died) v. Kiruthiga Nandha Grukkal

2024-06-24Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND C.R.P. (NPD) No.299 of 2019 & CMP No.2224 of 2019 Senthil Kumar(died)(decree holder) 1.Elavarasi 2.Minor Mathiyazhagan (rep. by his mother, guardian, NF 1st revision petitioner herein) 3.Radhakrishnan 4.Anandhi ... Petitioners Vs.

1.Kiruthiga Nandha Grukkal 2.Sabanathaoli Sivachariyar 3.Kombunaathan 4.Satdhopatyaya .. respondents Prayer : Civil Revision Petition filed under Article 227 of the Constitution of India, praying to set aside the fair and decreetal order dated 16.07.2018 of the learned I Additional Subordinate Judge, Cuddalore passed in EA No.58 of 2014 in EP No.215 of 2012 in O.S.No.33 of 2002. For Petitioners : Mr.R.Sreedhar For Respondents : Mr.T.S.Baskaran for R1 **********

ORDER

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During the course of hearing, the learned counsel for the petitioners and the learned counsel for the respondents have advanced their arguments in support of their case.

2.After advancing their arguments for some time, the learned counsel for the petitioners sought permission of this Court to withdraw this Revision Petition and also requested the Court to permit the petitioners to file a fresh Execution Petition before the Executing Court against any other properties other than the properties mentioned in the subject matter of the present Revision Petition.

3.Considering the facts and circumstances of the case, this Court is inclined to consider and accept the request now made by the learned counsel for the petitioners.

4.Accordingly, this Civil Revision Petition is dismissed as withdrawn granting liberty to the petitioners to file a fresh Execution Petition before the Executing Court against any other properties other than the properties 2/4

mentioned in the subject matter of the present Revision Petition. No costs.

Consequently, connected miscellaneous petition is closed. 24.06.2024 dn Index : Yes / No Internet : Yes / No To The I Additional Subordinate Judge, Cuddalore BATTU DEVANAND.J., 3/4

dn C.R.P. (NPD)No.299 of 2019 24.06.2024 4/4