M.A.M.R.Muthiah vs Dr.M.A.M.Ramaswamychettiar Of ...
2022 Latest Caselaw 13764 Mad

                                                                            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.




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                  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

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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

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