Madras High CourtCMP(MD)/963/2021withdrawn dismissed

Shanmugakani, v. The District Superintendent Of Police,

2022-03-31Honourable Mr Justice S.M. Subramaniam2 pages

CMP(MD) No.963 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Thirty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM CMP(MD) No.963 of 2021 IN SA(MD)No.59 of 2021 1 SHANMUGAKANI 2 RAMESH 3 MAHESWARI ... PETITIONERS/APPELLANTS Vs 1 THE DISTRICT SUPERINTENDENT OF POLICE, TUTICORIN DISTRICT.

2 THE TAHSILDAR, TALUK OFFICE, TUTICORIN.

3 MUTHU RAVI 4 RAJA 5 MUTHAMMAL ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to permit the petitioners to withdraw the suit in O.S.No.364 of 2010 on the file of the Principal District Munsif Court, Tuticorin with liberty to the fresh suit on same cause of action or in the alternative permit the petitioners to amend the plaint as detailed in the particulars of amendment.

Prayer in SA(MD). 59/ 2021 :

To set aside the judgment and decree passed in A.S.No.77 of 2013 dated 03-01-2019 on the file of the Sub Court, Tuticorin, Modifying the judgment and decree passed in O.S.No. 364 of 2010 dated 02-08-2013 on the file of the Principal District Munsif Court, Tuticorin.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.H.ARUMUGAM, Advocate for the petitioner and of Mr.G.SIVARAJA, Government Advocate on behalf of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.963 of 2021 the Respondents No.1 & 2 and not appeared for the Respondent No.3 either in person or through by an advocate and Mr.K.PALMURUGAN, Advocate for the 5th Respondent, the court made the following order:- The learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has made an endorsement to that effect. Hence, this Civil Miscellaneous petition is dismissed as withdrawn.

sd/- 31/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SUBORDINATE JUDGE, TUTICORIN.

2 THE PRINCIPAL DISTRICT MUNSIF TUTICORIN.

3 THE DISTRICT SUPERINTENDENT OF POLICE, TUTICORIN DISTRICT.

4 THE TAHSILDAR, TALUK OFFICE, TUTICORIN.

ORDER

IN CMP(MD) No.963 of 2021 IN SA(MD)No.59 of 2021 Date :31/03/2022 SA/JM/SAR.4/04.04.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2