Jebamony(Died) v. N.Nessayyan(Decd),P.Daniel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND and C.M.P.(MD) No.12624 of 2023 & C.M.P.No.14659 of 2003 1.Jebamony (died) * 2.Angel Jini * 3.Milton *

...Petitioners

*(Petitioners 2 and 3 and 25th respondent are brought on record as LRs. of the deceased sole petitioner vide Court order dated 11.09.2023 made in C.M.P(MD)Nos.10443 to 10445 of 2019) Vs.

Nessayyan (died) 1.P.Daniel 1/7

2.A.Sukumaran Nair 3.K.Appavu V.Chellayyan (died) 4.Mony 5.Ganesan (Minor) rep. by mother / guardian Thangamma 6.Aseervadam 7.Monickam 8.A.Gnanabharanam 9.Vincent 10.John Victor 11.Palamma 12.Indirabai 13.Saraswathi 14.Rani 15.Sagunthala (Minor) rep. by mother / guardian Saraswathi 2/7

16.S.Sheela (Minor) rep. by mother / guardian Saraswathi 17.Kumar (minor) rep. by mother / guardian Saraswathi 18.Sundar (Minor) rep. by mother / guardian Saraswathi 19.Devasahayam 20.Gnanabharanam 21.Gnanasighamony 22.Pauls 23.Rahel 24.Rahel Charlet 25.Metril Bai *

...Respondents

*(Petitioners 2 and 3 and 25th respondent are brought on record as LRs. of the deceased sole petitioner vide Court order dated 11.09.2023 made in C.M.P(MD)Nos.10443 to 10445 of 2019) 3/7

PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 07.08.2003 made in I.A.No.659 of 2003 in O.S.No.106 of 1998 on the file of the Subordinate Court, Padmanabhapuram, and allow the Civil Revision Petition.

For Petitioners : Mr.S.S.Mathivanan For Respondents : No Appearance - for RR2, 11, 12 & 22 Batta due - for R25 Dismissed - for RR1, 3 to 10, 13 to 21, 23 & 24

O R D E R

When the matter is taken up for hearing, Mr.S.S.Mathivanan, learned counsel for the petitioners on record sought permission of this Court to withdraw this Civil Revision Petition with liberty to avail legal remedies available under law to the petitioners and he has also made an endorsement to that effect. 4/7

2. Recording the statement of the learned counsel for the petitioners, permission is granted.

3. Accordingly, this Civil Revision Petition is dismissed as withdrawn with liberty permitting him to avail legal remedies available to them in appropriate forum.

4. No costs.

5. Consequently, connected Civil miscellaneous petitions are closed.

16.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 5/7

To The Subordinate Judge, Subordinate Court, Padmanabhapuram.

6/7

BATTU DEVANAND, J.

RM (2/3) 16.11.2023 7/7