G. Kesavan vs G. Gajapathy - 2026 Supreme(Online)(Mad) 48457

Headnote Court Copy Facts Arguments Court observation Judicial Analysis Case Map Category Hierarchy Table of Content

2026 Supreme(Online)(Mad) 48457

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
G. Kesavan – Appellant
Versus
G. Gajapathy – Respondent
CRP No. 3001 of 2026|CMP NO. 12527 OF 2026

Important Points

A court may allow the withdrawal of a civil revision petition as not pressed, while simultaneously granting the petitioner liberty to agitate the same grounds of challenge in the pending main suit.

Subject

Civil Law - Withdrawal of Petitions

Act Referred

Constitution of India: Art.227

Headnote

The Civil Revision Petition was filed seeking to set aside the dismissal order and decree dated 22.04.2026 passed in I.A.No.14 of 2025 in O.S.No.2461 of 2022 by the Trial Court under Article 227 of the Constitution. The petitioners' counsel sought to withdraw the petition while requesting leave to re-agitate the raised grounds during trial in the main suit. Following the counsel's endorsement and the request to not press the petition, the court addressed whether the withdrawal should preclude future consideration of the issues. The rationale was that the withdrawal of a petition, provided it is unequivocally requested, allows for liberty to parties to raise arguments in substantive proceedings. The Civil Revision Petition is dismissed as not pressed, with liberty granted to the petitioners to raise all existing grounds in the main suit.

Advocates:
For the Appellants/Petitioners: P.K.Sabapathi
For the Respondents: D.Manimaran, V. Balakrishnan

Table of Content
1. granting leave to withdraw a revision petition with liberty to pursue issues in the main trial. (Para 1 , 2)

PRAYER

Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the dismissal order and decree dated 22.04.2026 passed in I.A.No.14 of 2025 in O.S.No.2461 of 2022 by the learned XXIII Asst.Judge, City Civil Court, Chennai and allow the above CRP.

ORDER

The learned counsel for the petitioners is not pressing this Civil Revision Petition. He has made an endorsement to that effect in the Court bundle. He has also made an endorsement that all the grounds raised in this Civil Revision Petition may be allowed to be taken by the petitioners in the main suit.

2. In view of the endorsement made by the learned counsel for the petitioners, this Civil Revision Petition is dismissed as not pressed. However, liberty is granted to the petitioners to raise all grounds that are available to the petitioners under law, which includes the grounds that have been raised in this Civil Revision Petition in the main suit. No costs. Consequently, connected writ miscellaneous petition is closed.

08-06-2026

Index:Yes/No

Speaking/Non-speaking order

Internet:Yes

Neutral Citation:Yes/No