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Madras High CourtCMP(MD)/4993/2023withdrawn dismissed

P.S.S. Gopu, v. K. Nehrudasan (Died), 1. Tamilarasi,

2023-11-07Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in A.S.(MD)SR.No.21581 of 2023 P.S.S.Gopu ... Petitioner Vs.

K.Nehurdasan (Died) 1.Tamilarasi 2.Thangarani 3.Manikandan 4.Jegannath 5.Manjula ... Respondents PRAYER in C.M.P.(MD)No.4993 of 2023: Civil Miscellaneous Petition is filed under Order 41 Rule 3A r/w Order 42 Rule 1 of Civil Procedure Code, to condone the delay of 1 day in filing the First Appeal. PRAYER in A.S.(MD)SR.No.21581 of 2023: First Appeal is filed under Section 96 of C.P.C., against the decree and judgement dated 25.11.2022 1/4

passed in the Suit in O.S.No.49 of 2018 on the file of the First Additional District Court, Madurai.

For Petitioner : M/s.A.Sakthi Bhavatharani for Mr.J.Barathan

ORDER

When the Civil Miscellaneous Petition was taken up for hearing, the learned Counsel appearing for the petitioner sought permission of this Court to withdraw the Civil Miscellaneous Petition and circulated a letter and also made an endorsement to that effect. The said submission is recorded.

2.In view of the above said submission, the Civil Miscellaneous Petition is dismissed as withdrawn. Consequently, the connected First Appeal is rejected in the SR stage itself. No costs. 07.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes Sml 2/4

To The 1st Additional District Court, Madurai.

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

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L.VICTORIA GOWRI, J., Sml in A.S.(MD)SR.No.21581 of 2023 07.11.2023 4/4