Petition sought modification of the order dated 17.04.2024 dismissing a Second Appeal and allowing withdrawal with liberty to file a fresh suit. The court found no modification required since no counter affidavit had been filed and the order was passed in open Court, leaving parties free to appeal to the appropriate forum, and closed the petition.
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C.M.P.No.12641 of 2024
CMP.No.12641 of 2024 in SA.No.629 of 2023
RMT.TEEKAA RAMAN, J.
This Petition has been filed to modify the order made on 17.04.2024 in SA.No.629 of 2023 and CMP.No.19713 of 2023 to the extent of permitting the Respondent/Appellant to withdraw the SA.No.629 of 2023 with CMP.No.19713 of 2023 as sought by him on 20.09.2023 and consequently dismiss the CMP.No.22196 of 2023 filed by him.
2.Heard the learned counsel for the Petitioners and the learned counsel for the Respondent.
3.On perusal of the Court records, I find that in CMP.No.22196 of 2023, the present Petitioners are the Respondents, they have not filed any counter affidavit in CMP.No.22196 of 2023 and the order dated 17.04.2024 was passed in the open Court, whereby Second Appeal was dismissed and CMP.No.22196 of 2023 was allowed with liberty to the Appellant in Second Appeal to institute a fresh suit for the same subject matter of the Second Appeal.
4.Now the present CMP is filed seeking modification of the order dated 17.04.2024, which was passed in open Court, where they have not filed any counter affidavit. Hence, I find that there is no modification is required in the order dated 17.04.2024 made in SA.No.629 of 2023 & CMP.No.19713 of https://www.mhc.tn.gov.in/judis 1/3
C.M.P.No.12641 of 2024
5.Accordingly, this Civil Miscellaneous Petition is closed.
19.07.2024
sai
2/3
C.M.P.No.12641 of 2024
RMT.TEEKAA RAMAN, J.
sai
CMP.No.12641 of 2024
in SA.No.629 of 2023
Dated: 19.07.2024
3/3
Petitioners in CMP.No.12641 of 2024
Respondent/Appellant in SA.No.629 of 2023
RMT.TEEKAA RAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
