Thulasi v. 1.Janardhanan Panicker (Died) 2. Kainthan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Fourteenth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI C.M.P(MD).No.17682 of 2023 in S.A(MD).No.159 of 2018 THULASI ... PETITIONER/PROPOSED PETITIONER/ PROPOSED APPELLANT Vs 1 JANARDHANAN PANICKER (DIED) 2 KAINTHAN ... 2nd RESPONDENT/2nd PETITIONER/ 2nd APPELLANT 3 J.VICKRAMAN 4 J.VISWAN 5 J.REGU 6 VINESH V.T 7 TUSHARA V.T ... RESPONDENTS 3-7/PETITIONERS 3-7/ PROPOSED APPELLANTS 8 KUNJULEKSHMI AMMA 9 SAROJINI AMMA 1/4

10 VELAYUDHAN PILLAI 11 THE PRESIDENT PARVATHIPURAM DEVI TEMPLE, 12 THE SECRETARY PARVATHIPURAM DEVI TEMPLE, 13 THE TREASURER PARVATHIPURAM DEVI TEMPLE, RESPONDENTS 11-13 ARE RESIDING AT PARTHIVAPURAM, PUTHUKADAI POST, ARUDESAN VILLAGE, VILAVANKODU TALUK, KANYAKUMARI DISTRICT.

14 SUDESON ... RESPONDENTS 8-14/RESPONDENTS 1-7/ RESPONDENTS 1-7 15 JEGADHAN ... 15th RESPONDENT/PROPOSED RESPONDENT/ PROPOSED RESPONDENT Civil Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to implead the petitioner as 8th petitioner in the CMP(MD) Nos.3256,3257,3258 of 2022 in Second Appeal (MD) No.159 of 2018 as legal heirs of the 1st Appellant Janardhanan Panickar and thus render justice.

Prayer in SA(MD). 159/ 2018 :

Pleased to allow the Second appeal and set aside the Judgment and Decree passed in A.S.No.81 of 2012 on the file of the Camp Court, Kuzhithurai (II Additional Subordinate Judge, Nagercoil) dated 04.08.2017 confirming the Judgment and Decree passed in O.S.No.359 of 2008 on the file of the Principal District Munsiff, Kuzhithurai dated 14.09.2012.

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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 Mr.C.R.NIMAL, Advocate for the petitioner, the court made the following order:- When the matter is taken up for hearing today, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition with liberty to file a fresh petition and he has also made an endorsement to that effect.

2. In view of the endorsement made by the learned counsel appearing for the petitioner, this Civil Miscellaneous Petition is dismissed as withdrawn with liberty to file a fresh petition.

sd/- 14/03/2024 / TRUE COPY / 20/03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1 THE II ADDITIONAL SUBORDINATE JUDGE, NAGERCOIL, KANYAKUMARI DISTRICT (CAMP COURT, KUZHITHURAI).

2 THE PRINCIPAL DISTRICT MUNSIFF, KUZHITHURAI.

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ORDER

IN C.M.P(MD).No.17682 of 2023 in S.A(MD).No.159 of 2018 Date :14/03/2024 SA/GS/SAR. /20.03.2024/4P/3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4