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2023 Supreme(Mad) 3200

K. GOVINDARAJAN THILAKAVADI
Prabakaran – Appellant
Versus
S. Kokilam – Respondent


For the Petitioner:K.R. Kishore Ram, Advocate. For the Respondents:R1 & R2, H. Lakshmi Shankar, R3, S. Balasubramanian, Advocates.

JUDGMENT

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 22.07.2022 passed by the learned II Addl. Subordinate Judge, Tiruchirappalli in I.A.No.1 of 2022 in O.S.No.918 of 2015.)

1. This civil revision petition is filed against the fair and decreetal order, dated 22.07.2022 passed in I.A.No.1 of 2022 in O.S.No.918 of 2015 by the learned II Addl. Subordinate Judge, Tiruchirappalli.

2. The third respondent/plaintiff has filed a suit in O.S.No.918 of 2015 for declaration and permanent injunction, against the petitioner/second defendant. During the pendency of the said suit, the respondents 1 and 2 herein filed an application in I.A.No.1 of 2022 under Order VI Rule 16, to permit them to withdraw the written statement said to have been filed by them in the above suit. Their contention in the petition is that though at the time of institution of the suit, the first respondent filed the written statement and the same was adopted by the petitioner and the second respondent, thereafter the conduct of the petitioner has changed and therefore, it has become necessary to strike out the written statement of th

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