S. Austin Joseph, v. S. Justin Joseph Samuel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2026

CORAM

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and CMP(MD) No.3284 of 2026 S. Austin Joseph, ... Petitioner vs.

1.S.Justin Joseph Samuel 2.V.Santhi Austin 3.K.Harichandran 4.D.Chandra ... Respondents PRAYER: Petition filed under Article 227 of the Constitution of India, to struck of plaint filed in OS No.8 of 2026 on the file of the learned Principal Subordinate Judge, Nagercoil.

For Petitioner : Mr.S.Rajasekar for M/S.Roy and Roy Associates

ORDER

Mr.S.Rajasekar for the petitioner seeks permission of this Court to withdraw this Civil Revision Petition.

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2.Permission is granted. The Civil Revision Petition stands dismissed as withdrawn. No costs. Consequently, connected Miscellaneous Petition is closed.

3.Withdrawal of the Civil Revision Petition will not stand in the way of the Civil Revision Petitioner to move an appropriate application under Order VI Rule 16 of the Code of Civil Procedure, pointing out to the Court that the present suit is a sheer abuse of process of Court. Since it is not an application under Order VII Rule 11 of the Code, the Civil Revision Petitioner will be entitled to mark documents relating to the previous proceedings in the suit.

Index :Yes / No 16.03.2026 Internet :Yes / No NCC :Yes / No mm To The Principal Subordinate Judge, Nagercoil.

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V. LAKSHMINARAYANAN, J.

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