Panchavaranam v. Sarathamani Devi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Civil Appellate Jurisdiction) Thursday, the Thirtyth day of January Two Thousand and Twenty Five PRESENT The Hon'le Mr.Justice .S.S.SUNDAR CMP(MD). No.7970 of 2024 in REV.APLC.(MD)SR.No.25138of 2022 Panchavaranam ...Review Petitioner/1st Respondent - Vs. - 1.Sarathamani devi Rep. through Power Agent ... 1st Respondent/ 1st Respondent/Appellant Ramaiah(died) ...2nd Respondent Prayer in CMP(MD). No.7970 of 2024 in Rev.Aplc(MD)SR.No.25138 of 2022: This Civil Miscellaneous Petition is filed under section 5 of Limitation Act to condone the delay of 29 days to filing the review application Prayer Rev.Aplc(MD)SR.No.25138 of 2022:

The Rev.Application filed under Order 47 Rule 1 and 114 of CPC praying to review the order made in C.M.A.(MD)No.1077 of 2016 dated 01.10.2020 Prayer in CMA(MD). No.1077 of 2016:

The Civil Miscellaneous appeal filed unde Order 43 Rule 1 (u) of CPC praying set aside Judgment and Decree passed in A.S.No.22 of 2014 dated 30.03.2016 on the file of the learned District Judge, Sivagangai setting aside the Judgment and Decree passed in O.S.No.79 of 2011 on the file of the learned Subordinate Judge, Devakottai. 1/3

ORDER:- This Civil Miscellaneous Petition coming on for orders on this day upon perusing the petition upon hearing the arguments of M/s.S.Snehan Kandasamy for Mr.M.Shakul Hameed for the Petitioner, and Mr.R.Hari Babu for Respondent this Court made the following order:

"Mr.S.Snehan Kandasamy, learned counsel representing Mr.M.Shakul Hameed, learned counsel for the petitioner on record seeks permission of this Court to withdraw this miscellaneous petition.

2.However, it is unnecessarily opposed by the learned counsel for the 1st respondent on the ground that the petitioner had disobeyed the interim order granted by this Court which is sought to be reviewed. 3.This Court finds no merit in the objection raised by the learned counsel for the 1st respondent. If the petitioner has committed willful disobedience of the order passed by this Court earlier, it is open to the 1st respondent to prosecute the petitioner for contempt.

4.Therefore, recording the submission of Mr.S.Snehan Kandasamy, learned counsel representing the learned counsel for the petitioner on record, this petition is dismissed as withdrawn.

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5.Registry is directed to get an endorsement from the learned counsel on record who has undertaken to make an endorsement in the petition." Sd/- Assistant Registrar (CS.III) // True Copy // /03/2025 Sub Assistant Registrar (CS-I/II/III/IV) AP TO 1.The District Judge, Sivagangai.

2.The Subordinate Judge, Devakottai, Sivagangai.

ORDER DATED : 30/01/2025 ========================== ORDERS ========================== CMP(MD). No.7970 of 2024 in Rev.Aplc(MD)SR.No.25138 of 2022 Giving direction and etc.

as stated within.

SL(05.03.2025)/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 3/3