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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P. DHANABAL, J
E.Padma – Appellant
Versus
E.Thennarasu – Respondent
| Table of Content |
|---|
| 1. the suit filed for partition and cost. (Para 1 , 2) |
| 2. plaintiff's withdrawal permissible despite earlier undertaking. (Para 4 , 5 , 6) |
| 3. the suit is dismissed as 'withdrawn'. (Para 7) |
JUDGMENT
The Civil Suit has been filed for the reliefs of partition and cost.
2. The learned counsel appearing for the Plaintiff requested permission of the Court to withdraw this Suit in C.S. No.228 of 2021 and to that effect, he has also made his endorsement. However, the learned counsel appearing for the defendants strongly objected to withdraw the Suit and brought to the notice of the Court that already the same Plaintiff made an undertaking before this Court that she would not withdraw the Suit and now contrary to the said undertaking made by her, seeking permission to withdraw the Suit. Already the defendants have filed an application to transpose them as Plaintiffs in the Suit and those applications were disposed of, since the Plaintiff would not withdraw the Suit and therefore, strongly objected.
4. This Court heard both sides and perused the materials available on record.
5. On a perusal of records, it is observed that the Plaintiff in C.S. No.228 of 2021 has filed the Suit in
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