BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18/01/2011 CORAM THE HONOURABLE MR. JUSTICE M.VENUGOPAL C.R.P.(NPD) (MD)No. 149 of 2006 & C.M.P. No. 1342 of 2006 N. Nagalingam ... Revision Petitioner/Petitioner/Plaitiff Vs. 1. Renganathan 2. Prabakaran 3. Soundaram ammal ... Respondents/Respondents/1st and 3rd Defendants/Legal Heirs of 2nd defendant Prayer Civil Revision Petition is filed under Section 115 of C.P.C. against the Executable and Fair orders of the learned Principal District Munsif of Madurai Town passed in I.A. No. 701 of 2004 in O.S. No. 1289/1994 on 4.8.2005. !For Petitioner ... Mr. M.Gurudas ^For Respondents ... No appearance :ORDER
The learned counsel for the petitioner has filed a Memo for withdrawing
the Civil Revision Petition. In the said Memorandum of withdrawal of Civil
Revision Petition, the learned counsel for the petitioner has averred the
following:
“It is submitted that this instant Civil Revision Petition is preferred
against the order of the learned Principal District
Munsif, Madurai Town imposing cost upon this petitioner to
implead the legal heirs of second defendant in O.S. No. 1289 of 1994 since the
said third respondent/Sowndaram ammal who is the lone legal heir of the second
defendant in the instant suit herein also died on 16.11.2008 in which nothing
survives in this revision and hence this Hon’ble court may please to permit this
petitioner to withdraw and graciously be pleased to dispose this Revision as
withdrawn and thus render justice”
2. In view of the Memorandum of withdrawal of Civil Revision Petition
filed by the learned counsel for the petitioner and also since the third
respondent/Sowndaram Ammal who is the sole legal heir of the second respondent
in the suit has also expired on 16.11.2008, there is nothing that survives for
adjudication in the present Civil Revision Petition and hence,permission sought
for on the side of the petitioner/ plaintiff to permit him to withdraw the Civil
Revision Petition is acceded to by this Court.Accordingly,the Civil Revision
Petition is dismissed as withdrawn. Consequently, connected Miscellaneous
Petition is closed.No costs.
ses
The Principal District Munsif, Madurai Town.