O.S.A.No.139 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DURAISWAMY
AND
THE HONOURABLE MR. JUSTICE SUNDER MOHAN
O.S.A.No.139 of 2022
and
C.M.P.No.8486 of 2022
M.A.M.R.Muthiah ... Appellant
Vs.
1.Dr.M.A.M.RamaswamyChettiar of Chettinad Charitable
Trust, Represented by its Managing Trustee
Dr.A.C.Muthiah
Chettinad House, R.A.Puram,
Chennai – 600 028.
2.Minor. Ramaswamy Muthiah
Represented by Father/Natural
Guardian M.A.M.R.Muthiah ... Respondents
Prayer : Original Side Appeal filed under Order XXXVI Rule 1 of Original
Side Rules r/w. Clause 15 of Letters Patent, against the fair and decretal
order dated 17.03.2022 passed in A.No.124 of 2019 in C.S.No.11 of 2019.
https://www.mhc.tn.gov.in/judis
Page 1 of 4
O.S.A.No.139 of 2022
For Appellant : Mr.M.S.Krishnan
Senior Counsel
for M/s.T.Balaji
For Respondents : Mr.V.Srinivasan
for M/s.S.Sithirai Anandam
JUDGMENT
(Judgment was delivered by M. DURAISWAMY, J.) Mr.M.S.Krishnan, learned Senior Counsel appearing for the appellant, on instructions, sought permission to withdraw the above appeal. Further, the learned counsel on record also made an endorsement to that effect. The learned Senior Counsel further submitted that the suit in C.S.No.11 of 2019 may be tagged along with Testamentary Original Suit in T.O.S.No.27 of 2021 and may be directed to be disposed of jointly.
2.Mr.V.Srinivasan, learned counsel appearing for the respondents, has no objection for tagging the civil suit along with the Testamentary Original Suit.
3.In view of the submissions made by the learned counsel on either side and also taking into consideration the endorsement made by the learned https://www.mhc.tn.gov.in/judis Page 2 of 4 O.S.A.No.139 of 2022 counsel for the appellant, the above Original Side Appeal is dismissed as withdrawn. No costs. Consequently connected miscellaneous petition is closed.
4.Registry is directed to tag C.S.No.11 of 2019 along with T.O.S.No.27 of 2021, enabling the Court to dispose of both the matters jointly.
[M.D., J.] [S.M., J.]
mkn 02.08.2022
Internet : Yes
Index : Yes / No
https://www.mhc.tn.gov.in/judis Page 3 of 4 O.S.A.No.139 of 2022 M. DURAISWAMY, J.
and SUNDER MOHAN, J.
mkn O.S.A.No.139 of 2022 02.08.2022 https://www.mhc.tn.gov.in/judis Page 4 of 4