Elangamony,S/O.Sudalai Muthu v. Suresh Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2016

CORAM

THE HONOURABLE MS.JUSTICE V.M.VELUMANI C.R.P.(MD)No.1707 of 2016(NPD) and C.M.P(MD)No.8297 of 2016 Elangamony ... Petitioner/Respondent/Defendant vs.

1.Suresh Kumar 2.Sumithra Devi ... Respondents/Petitioners/Plaintiffs Civil Revision Petition filed under Section 115 of Civil Procedure Code, to set aside the order and decree dated 21.04.2016 made in I.A.No.4 of 2014, in O.S.No.320 of 1998 on the file of the Principal District Munsif, Padmanapapuram, Kanyakumari District and allow this Civil Revision Petition. For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.R.Vijayakumar

O R D E R

The learned counsel appearing for the respondents submitted that the Civil Revision Petition is filed against the decree passed in the final decree application and the petitioner filed appeal suit in A.S.No.38 of 2016 before the Sub Court, Padmanabapuram against the final decree and the same has been taken on file. The respondents received notice in the first appeal and submitted that the Civil Revision Petition is not maintainable.

2.In view of the above circumstances, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw the Civil Revision Petition and he has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel appearing for the petitioner, the Civil Revision Petition is dismissed as withdrawn. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Deputy Registrar(Admn) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Assistant Registrar

To The Principal District Munsif , Padmanapapuram, Kanyakumari District.

+One cc to Mr.R.Vijayakumar, Advocate, SR.No.80184 +One cc to Mr.G.Gomathi Shankar, Advocate, SR.No.80555 am RL/4C/2P/SKS/RR/23.12.2016 C.R.P.(MD)No.1707 of 2016(NPD) 08.12.2016 https://hcservices.ecourts.gov.in/hcservices/