Madras High CourtCMP(MD)/2364/2026dismissed as withdrawal

S.P.G.R.Mathavan (Died) Vijaya (Died) v. M/S.S.P.G.R.Ramasamy Nadar And Sons

2026-02-25Honourable Mr Justice P.Vadamalai4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25.02.2026

CORAM:

THE HON'BLE MR JUSTICE P.VADAMALAI C.M.P.(MD) No.2364 of 2026 in C.M.A.(MD)SR No.15738 of 2026 S.P.G.R.Mathavan (Died) Vijaya (Died) 1.Bhuvaneswari 2.Kavitha 3.Arihara Prabhu ... Petitioners Vs.

1.M/s.S.P.G.R.Ramasamy Nadar & Sons, A partnership firm through its Managing Partner S.P.G.R.Nithyanandam (Died) S.P.G.R.Nithyanandam (Died) 2.S.P.G.R.Chandran 3.U.Vasantharani 1/4

4.U.Geetha 5.U.Dhanush Rajavel 6.R.Vijayalakshmi 7.R.Devi 8.R.Gowri 9.A.Chitra 10.A.Vinodhkumar 11.A.Vaishnavi ... Respondents Prayer in C.M.P.(MD)No.2364 of 2026 : Civil Miscellaneous Petition is filed under Section 151 of the Code of Civil Procedure to dispense with the production of the fair and decreetal order of the docket order issued in O.S.No.54 of 2016 on the file of the Sub Court, Virudhunagar dated 19.01.2026 for the present civil miscellaneous petition. Prayer in C.M.A.(MD)SR No.15738 of 2026 : Civil Miscellaneous Appeal is filed under Section 43 Rule 1(A) of the Code of Civil Procedure to set aside the docket order returning plaint made in O.S.No.54 of 2016 on the file of the Sub Court, Virudhunagar dated 19.01.2026 and thereby allow the civil miscellaneous appeal and direct the court to decide the suit on merits. For Petitioners : Ms.G.K.Chitra Devi, Advocate 2/4

O R D E R

When the matter is taken up for hearing today (25.02.2026), the learned counsel appearing for the petitioners seeks permission of this Court to withdraw this Civil Miscellaneous Petition and has also made an endorsement in the bundle to that effect.

2. In view of the endorsement made by the learned counsel for the petitioners, this Civil Miscellaneous Petition is dismissed as withdrawn. Consequently, the connected Civil Miscellaneous Appeal in C.M.A.(MD) SR No.15738 of 2026 is rejected at the SR stage itself. 25.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No mkn 3/4

P.VADAMALAI, J.

mkn To The Sub Court, Virudhunagar.

C.M.P(MD)No.2364 of 2026 in C.M.A.(MD)SR No.15738 of 2026 25.02.2026 4/4