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2026 Supreme(Online)(Mad) 26586

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R. Swaminathan, R. Poornima, JJ
Mariaselvi @ Selvi – Appellant
Versus
R. Pandi @ Pandian – Respondent
C.M.P.(MD)No.1034 of 2026 in A.S.(MD)SR.No.4230 of 2026



Advocates:
For the Appellants/Petitioners: Mr.V.Nagendran
For the Respondents: Mr.N.Vallinayagam for R1, Mr.G.V.Vairam Santhosh, Addl. Government Pleader for R2

Court permitted withdrawal of informa pauperis petition and appeal at SR stage without costs.

Headnote:First Paragraph: Under Section 96 of the Civil Procedure Code, the petitioner filed a miscellaneous petition to permit filing the first appeal as informa pauperis, linked to an appeal suit under Order 41 Rules 1 and 2 r/w. Section 96 CPC to set aside the judgment and decree dated 17.09.2025 in O.S.No.59 of 2019 by the I Additional District Judge, Madurai. The court granted permission to withdraw the miscellaneous petition. The court dismissed the petition as withdrawn without costs. Second Paragraph: The sole issue was the petitioner's request for withdrawal. The court observed the endorsement by counsel and permitted withdrawal, applying procedural norms under CPC. Last Paragraph: Miscellaneous petition dismissed as withdrawn. No costs. Consequently, the appeal suit dismissed as withdrawn at SR stage.

Table of Content
1. counsel seeks permission to withdraw petition. (Para 1)
2. permission granted; petitions dismissed as withdrawn. (Para 2)

(By G.R.SWAMINATHAN, J.)

The learned counsel for the petitioner seeks permission of this Court to withdraw this miscellaneous petition and also made an endorsement to that effect.

2.Permission granted. This miscellaneous petition is dismissed as withdrawn. No costs. Consequently, A.S.(MD)SR.No.4230 of 2026 is dismissed as withdrawn at the SR stage itself.

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