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Madras High CourtCRP(MD)/1383/2016dismissed

Muthusamy, S/O.Malaiyappan, v. Subramani (Died)

2018-09-10Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN C.R.P.(MD)(NPD).No.1383 of 2016 1.Muthusamy 2.Lakshmi 3.K.Senthil Arasan 4.Ramesh @ Chandrasekar 5.Thangamani @ Tamilselvi : Petitioners/Respondents 2&3,5 to 7/ Defendants 2&3, 5 to 7 Vs.

Subramani (died) Jeyammal (died) 1.Palaniammal 2.Palanichamy 3.Marimuthu 4.Balu 5.Anand 6.P.Murugesan 7.Thangamani 8.C.Sumathy 9.B.Shanthi : Respondents/Petitioners/Plaintiffs PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India., to set aside the fair and decreetal order dated 18.09.2014 in I.A.No.883 of 2014 in O.S.No.428 of 2010 on the file of the Additional District Munsif Court, Karur. For Petitioners : Mr.K.Govndarajan For R1 : Memo filed (Died) For R2 to R9 : Mr.V.Balaji

ORDER

The defendants in O.S.No.428 of 2010 on the file of the Additional District Munsif Court, Karur, are the revision petitioners herein. The plaintiffs filed I.A.No.883 of 2014 seeking leave to withdraw the suit with liberty to file a fresh suit on the same cause of action. The same has been allowed by the Court below. Questioning the same, the civil revision https://hcservices.ecourts.gov.in/hcservices/

petition has been filed.

2.Heard the learned counsel on either side.

3.It appears that pursuant to the liberty given by the Court below, a fresh suit has also been instituted. 4.This Court is of the view that the rights of the revision petitioners have been in no way infringed by the order impugned in this civil revision petition. Therefore, I did not propose to interfere with the order passed by the Court below, the Civil Revision Petition is dismissed accordingly. No costs. Sd/- Assistant Registrar (AD-II) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Additional District Munsif Court, Karur.

2. The Record Keeper, VR Section, Madurai Bench of Madras High Court, Madurai. (2 Copies) + 1 CC TO Mr.V.BALAJI, ADVOCATE IN SR No. 83414 + 1 CC TO Mr.K.GOVINDARAJAN, ADVOCATE IN SR No. 83631 RMK TE/PM/SAR-3 : 25/10/2018 : 2P/6C C.R.P.(MD)(NPD).No.1383 of 2016 10.09.2018 https://hcservices.ecourts.gov.in/hcservices/