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Madras High CourtCRP(MD)/274/2022withdrawn dismissed

Thalavai Thevar, v. V.Babu,

2022-06-20Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and C.M.P.(MD)No.1248 of 2022 Thalavai Thevar ... Revision Petitioner versus

1. V.Babu Ahamed Musthafa

2. Alibathu

3. Iyyappan ... Respondents Civil Revision Petition filed under Article 227 of Constitution of India, against the fair and decreetal order dated 06.01.2021 made in E.A.No.1 of 2019 in E.A.No.1 of 2019 in E.A.No.1532 of 2018 in E.P.No.264 of 2010 in O.S.No.81 of 2009 on the file of the learned Principal Subordinate Judge, Tenkasi.

For Revision Petitioner : Mr.D.Srinivasaraghavan 1/4

ORDER

This Civil Revision Petition is filed against the order dated 06.01.2021 made in E.A.No.1 of 2019 in E.A.No.1 of 2019 in E.A.No. 1532 of 2018 in E.P.No.264 of 2010 in O.S.No.81 of 2009 on the file of the learned Principal Subordinate Judge, Tenkasi.

2. The learned counsel appearing for the revision petitioner submits that the revision petitioner filed an application in E.A.No.1 of 2019 under Order 21 Rule 97 of C.P.C. before the Sub Court, Tenkasi and he has also filed an application for amendment in E.A.No.1 of 2019 and both the applications were dismissed by the learned Principal Subordinate Judge, Tenkasi, on 06.01.2021. As against the order dated 06.01.2021 passed in E.A.No.1 of 2019 in E.A.No.1532 of 2018 in E.P.No.264 of 2010 in O.S.No.81 of 2009, the revision petitioner filed an appeal in C.M.A.No.16 of 2022 before the Additional District Court, Tenkasi and nothing survives to be adjudicated in this petition. Hence, he seeks permission of this Court to withdraw the Civil 2/4

Revision Petition with liberty to work out his remedy in C.M.A.No.16 of 2022, which is pending on the file of the Additional District Court, Tenkasi. He has also made an endorsement to that effect.

3. In view of the endorsement made, the Civil Revision Petition is dismissed as withdrawn. It is always open to the petitioner to work out his remedy before the Additional District Court, Tenkasi, in C.M.A.No.16 of 2022, in the manner known to law. No costs. Consequently, connected miscellaneous petition is closed. 20.06.2022 ogy Index : Yes / No Internet: Yes / No.

To

1. The learned Principal Subordinate Judge, Tenkasi.

3/4

B.PUGALENDHI, J.

ogy 20.06.2022 4/4