Sampath @ Shanmugam v. Thenmozhi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of April Two Thousand and Twenty Three PRESENT The Hon`ble Mrs.Justice L. VICTORIA GOWRI IN CRP(MD) No.1978 of 2015 SAMPATH @ SHANMUGAM ... PETITIONER/PETITIONER Vs 1 THENMOZHI 2 V.THANGARAJ 3 P.RAJAGOPALAN 4 V.KANNAN 5 S.DHANALAKSHMI 6 S.MARUTHASALAM 7 S.DHANIKASALAM 8 JOTHI (DIED) 9 YASODAHA 10 PITCHAMUTHU @ SHANMUGAM 11 PARAMASIVAM 12 CHELLAMMAL 13 SAMBOORNAM 14 ESWARI 15 VALLI 16 ARUL 17 SARAVANAN 1/3

18 RAJALINGAM 19 V.SUBRAMANI 20 T.RAJU NAICKER ... RESPONDENTS/RESPONDENTS Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to set aside order dated 12.07.2018 in C.R.P.No.1978 of 2015 as against the respondents 2, 3 to 9 and to restore the Civil Revision Petition as against the respondents 2,3 to 9 on the file of this Honourable court and thus render justice. Prayer in CRP(MD). 1978/ 2015 :

To set aside the order dated 01.07.2015 in I.A.No.421 of 2014 in O.S.No.40 of 2014 on the file of Additional Subordinate Judge, Karur.

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/S.K.GOVINDARAJAN, Advocate for the petitioner and of M/S.P.AATHIMOOLAPANDIAN, Advocate on behalf of the Respondents 1, 10 & 11, the court made the following order:- The learned counsel for respondent Nos.1,10 and 11 is present.

2. The learned counsel for the petitioner seeks permission before this Court to withdraw this Civil Miscellaneous Petition and he has also made an endorsement to that effect.

3. In view of the submission and the endorsement made by the learned counsel for the petitioner, this Civil Miscellaneous Petition is dismissed as withdrawn and the case against respondents 2, 3 to 9 are not restored and the same is dismissed.

4. Post the main Civil Revision Petition, for final hearing in the first week of June.

sd/- 26/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn 2/3

TO THE ADDITIONAL SUBORDINATE JUDGE, KARUR.

ORDER

IN IN CRP(MD) No.1978 of 2015 Date :26/04/2023 RK/BUC/SAR- (30/05/2023) 3P/2C 3/3