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Madras High CourtOP/433/2018withdrawn dismissed

Niamath Research Foundation v.

2018-10-04Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2018

CORAM

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU O.P. No.433 of 2018 1.Niamath Research Foundation, Represented by its Managing Trustee, Dr. Syed Khaleefathullah, S/o. Dr. Hakim Syed Niamathullah Sahib

2. Dr. Sultan Ahmed Ismail

3. Dr. Syed M.M. Ameen

4. Dr. Mohammed Jamal

5. Mr. Syed M.A. Iqbal ... Petitioners/Trustees Petition filed under Section 34 of the Indian Trust Act, 1882 to pass a judgment and decree permitting the Petitioners to sell the trust property to and in favour of intending purchaser. For Petitioners : Mr.P.Srinivasan For Respondent : No appearance P.D.AUDIKESAVALU., J.

rka

ORDER

The Learned Counsel for the Petitioners submits that since the remedy of the party lies by invoking Section 92 of Civil Procedure Code, 1908, he seeks leave of the Court to withdraw the Original Petition with liberty to pursue the appropriate legal remedy and he has also made an endorsement to that effect.

2. Recording the same, the Original Petition is dismissed as withdrawn granting such liberty. 04.10.2018 rka Index : Yes/ No Internet : Yes/ No

Speaking Order/ Non-speaking Order O.P. No. 433 of 2018