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Judgment
Counsel for the plaintiffs seeks to withdraw the suit being C.S. No. 258 of 2004. The suit was filed on 22nd September, 2004 for inter alia declaration
that a deed dated 25th December, 2003 for adoption of defendant no.3 is void and that defendant no.3 is not the adopted son of defendant no.4.
Counsel submits that the challenge to the deed of adoption is presently pending before the Probate Court, and that the suit is required to be withdrawn
to cut costs.
Counsel for the defendant nos. 2 and 3 has no objection to the withdrawal of the suit, but submits that withdrawing the suit would also take away the
challenge of the deed of adoption.
This is denied by the Counsel for the plaintiffs.
However, since the carriage of proceedings is entirely with the plaintiffs and since in this case the plaintiffs want to withdraw the suit on the ground of
escalating costs and the withdrawal per se has not been objected to by the defendants, the plaintiff is given liberty to withdraw the suit.
In view of the above, the suit being C.S. No. 258 of 2004 is dismissed as withdrawn. Interim order, if any, shall stand vacated.
Counsel for the defendants prays for costs. However, since the same is not part of any application filed before this Court, such prayer is not acceded
to.