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Madras High CourtCRP(MD)/720/2022withdrawn dismissed

Arokia Nather Shrine, v. John Sahaya Jhani,

2025-11-14Honourable Mr Justice K.Kumaresh Babu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Arokia Nather Shrine, St. Ignatius Church Kovalam, Rep. By its Parish Priest.

... Petitioner in both petitions -vs1.John Sahaya Jhani 2.Vijaya Kumar 3.Jebalmalai Kaliester 4.John Sahaya Jeeva 5.Craziyal ... Respondents in both petitions Prayer in C.R.P. (MD) Nos. 720 of 2022:- Civil Revision Petition filed under Section 151 of the Civil Procedure Code, 1908, to set aside the order passed by the Trial Court in I.A. No. 2 of 2021 in O.S. No. 187 of 2021 on the file of the II Additional Subordinate Judge at Nagercoil, Kanyakumari District dated 02.12.2021 filed under Section 151 and Order 1 Rule 8 of the Civil Procedure Code, 1908 and allow the Civil Revision Petition. 1/4

Prayer in C.R.P. (MD) Nos. 1073 of 2022:- Civil Revision Petition filed under Section 151 of the Civil Procedure Code, 1908, to set aside the order passed by the Trial Court in O.S. No. 187 of 2021 on the file of the II Additional Subordinate Judge at Nagercoil, Kanyakumari District dated 02.12.2021 filed under Section 26 and Order VII Rule 1 of the Civil Procedure Code, 1908 and allow the Civil Revision Petition.

For Petitioner : Mr. G.Anto Prince (in both petitions) For Respondents : Mr. N.Dilipkumar (in both petitions) COMMON ORDER These Civil Revision Petitions have been filed by one Arokia Nather Shrine, who has filed the suit, which is not a legal entity and could not be entitled to file any legal proceedings.

2.

In view of the aforesaid legal position, Learned Counsel for the Petitioner seeks permission of this Court to withdraw these Civil Revision Petitions reserving the rights of all the concerned persons to file a fresh suit in accordance with law and he has also made an endorsement to that effect in the court record.

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3. In fine, the Civil Revision Petitions are dismissed as withdrawn with the aforesaid clarification. No costs.

14.11.2025 Index : Yes/No Internet : Yes/No tta To 1.The II Additional Subordinate Judge at Nagercoil, Kanyakumari District.

2. The Section Officer, Vernacular Records Section, Madurai Bench of Madras High Court, Madurai.

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K.KUMARESH BABU, J.

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