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Madras High CourtCMP(MD)/15654/2023withdrawn dismissed

Balakumari Nachiyar v. P.K.Muthukrishna Raja (Died) P.K.M.Pappammal (Died) P.K.M.Thilagam (Died) 1.P.K.M.Subramaniyan

2024-02-06Honourable Mr. Justice P.Dhanabal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Tuesday, the Sixth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. DHANABAL in AS(MD) No.231 of 2023 BALAKUMARI NACHIYAR ... PETITIONER/APPELLANT Vs P.K.MUTHUKRISHNA RAJA (DIED) ... 1ST PLAINTIFF P.K.M.PAPPAMMAL (DIED) ... 3RD PLAINTIFF P.K.M.THILAGAM (DIED) ... 5TH PLAINTIFF 1.P.K.M.SUBRAMANIYAN 2 P.K.M.GURUSAMY 3 CHELLARANIAMMAL 4 TAMILNADU REAL ESTATES THROUGH ITS MANAGING DIRECTOR, (*)KEASON, D.NO.151, NUNGAMBAKKAM, HIGH ROAD, MADRAS.

(*)(NAME OF THE 4TH RESPONDENT MANAGING DIRECTOR IS AMENDED VIDE COURT ORDER DATED 11.01.2024 MADE IN AS(MD)No.231/2023 by PDBJ) 1/3

(**)5 JANAGAN (DIED) (**)(MEMO DATED 20/12/2023 IN USR.NO.44157 IS RECORDED, AS R5 DIED AND R6 WHO IS ALREADY ON RECORD IS RECORDED AS LR OF THE DECEASED R5 VIDE COURT ORDER DATED 11/01/2024 MADE IN AS(MD)NO.231/2023 BY PDBJ) 6 ISWARYA ... RESPONDENTS/RESPONDENTS Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to call for the documents to this Honourable Court stated in this petiiton. Particular of Documents to be called for :

Criminal Case in C.C.No. 7736/2021 on the file of the Egmore No.1 Chief Metropolitan Magistrate Court along with all connected papers. Prayer in AS(MD).231/2023 :

To allow the First Appeal Suit, set aside the Judgment and Decree of the Trial Court in OS No.33/2004, on the file of the Principal District Judge, Virudhunagar District at Srivillipudhur.

ORDER : This Civil Miscellaneous 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.F.X.EUGENE, Advocate for the petitioner, the court made the following order:- When the Civil Miscellaneous Petition is taken up for hearing today, the learned Counsel appearing for the petitioner sought permission of this Court to withdraw the Civil Miscellaneous Petition and made an endorsement to that effect. The said submission is recorded.

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2. In view of the above said submission, this Civil Miscellaneous Petition stands dismissed as withdrawn.

sd/- 06/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

BTR TO THE PRINCIPAL DISTRICT JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUDHUR.

COPY TO THE EGMORE NO.1 CHIEF METROPOLITAN MAGISTRATE, CHENNAI.

ORDER

IN in AS(MD) No.231 of 2023 Date :06/02/2024 RS/GS/SAR-(09.02.2024) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3