K.N.Ramanathan vs Lakshmi Ramachandran
2021 Latest Caselaw 9849 Mad

                                                                            O.S.A.No. 254 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 17.04.2021

                                                          CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                  O.S.A.No.254 of 2018
                                               and C.M.P.No.10846 of 2018

                     K.N.Ramanathan                                                 .. Appellant

                                                           Vs

                     1.Lakshmi Ramachandran
                     2.S.Balasaraswathi
                     3.R.Rajeswari                                              .. Respondents

                               Appeal filed under Order XXXVI Rule 11 of Original Side Rules
                     and Clause 15 of the Letters Patent against the decree and judgment
                     dated 08.02.2017 rendered in T.O.S.No.21 of 2004.


                               For Appellant          :     Mr.Pranava Charan
                                                            for Mr.R.Ravichandran

                               For Respondents        :     Mr.A.Abdul Hamed

                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

Learned counsel appearing for the appellant seeks permission to

withdraw the appeal with liberty to probate the earlier Will said to have

been executed by the testator.

https://www.mhc.tn.gov.in/judis/ O.S.A.No. 254 of 2018

2.On the said request, we make it clear to the counsel that while

there is no difficulty in giving permission to withdraw the appeal, it is

only open to the appellant to probate the earlier Will. In that case, all

the contentions are left open for both sides including the effect of the

order passed by the learned single Judge in the present proceedings.

3.The original side appeal is dismissed as withdrawn with the

aforesaid liberty. No costs. Consequently, connected miscellaneous

petition is closed.

                                                                 (M.M.S., J.)    (R.N.M., J.)
                                                                         17.04.2021
                     Index:Yes/No
                     mmi

                     To

The Sub Assistant Registrar, Original Side, High Court, Madras.

https://www.mhc.tn.gov.in/judis/ O.S.A.No. 254 of 2018

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

O.S.A.No. 254 of 2018

17.04.2021

https://www.mhc.tn.gov.in/judis/