Madras High CourtCMP(MD)/11240/2016dismissed for not pressed

Rethinavathi v. Edward Alexander

2017-07-19Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Nineteenth day of July Two Thousand Seventeen PRESENT The Hon`ble Mrs Justice PUSHPA SATHYANARAYANA CMP(MD) No.11240 of 2016 IN SA(MD) No.SR29544 of 2010 1 RETHINAVATHI 2 WILLIAM RAJ ... PETITIONERS/APPELLANTS Vs 1 EDWARD ALEXANDER 2 RAJAPPAN 3 VICTOR 4 ROBERT 5 RUBY 6 ARUL. RAJ(DIED) 7 CHANDRAKANTHA 8 BALAMMAL 9 ARPUTHARAJ 10 VICTOR 11 RAJARIGA RUBA 12 VIJILA 13 EDWIN 14 AUSTIN 15 BALU 16 YESUDHASAN (DIED) 17 JOSEPH SAVARI RAJ 18 ANNAL GLORY BAI ... RESPONDENTS/RESPONDENTS (Respondents R1,R6 & R7 already on record are recorded as the LRs of deceased 16th respondent memo in VSR No.432/24.01.2017 vide Court order dated 02.02.

2017 made in CMP(MD)11240/16 IN SA(MD)SR29544/2010 BY MDJ) (18th Respondent brought on record as the LRs of deceased 6th Respondent, vide Court order dated 03.10.2016 made in CMP(MD)No.3446/2016 in SA(MD)SR29544/2010 by SSSRJ) Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 2140 days in proper filing the above second appeal.

https://hcservices.ecourts.gov.in/hcservices/ Prayer in SA(MD) No.SR29544 of 2010:-Memorandum of Grounds of Second Appeal against the Judgment and Decree passed in A.S.No.64 of 2007

dated 11.07.2009 on the file of the Principal Sub Judge, Nagercoil modifying the Judgment and Decree in O.S.No.328 of 2000 dated 17.10.2006 on the file of Principal District Munsif, Nagarcoil. ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.SREEKUMARAN NAIR, Advocate for the petitioner and of M/S.D.NALLATHAMBI, Advocate for R1 and M/S.A.GEORGE STEPHEN KANIKKAI RAJ, Advocate for R18 and M/S.P.S.GANESAN, Advocate for R4, the court made the following order:- As the appeal is filed within time, the learned counsel for the petitioners seeks permission of this Court to withdraw this petition. He has also made an endorsement to that effect. In view of the above, this petition is dismissed as withdrawn. sd/- 19/07/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SUBORDINATE JUDGE, NAGERCOIL. 2 THE PRINCIPAL DISTRICT MUNSIF, NAGERCOIL. COPY TO: THE SECTION OFFICER, JUDICIAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

CSL/RR-BS/SAR-I/25.07.2017 : 2P/4C

ORDER

IN CMP(MD) No.11240 of 2016 IN SA(MD) No.SR29544 of 2010 Date :19/07/2017 https://hcservices.ecourts.gov.in/hcservices/