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Madras High CourtSA/163/2014withdrawn dismissed

M.Kumar v. Amirunnisa Begum Sahiba

2025-09-02Honourable Dr.Justice A.D.Maria Clete5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2025 PRESENT:

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE S.A. No.163 of 2014 and M.P. Nos. 1 & 2 of 2014 M Kumar, S/o Munuswami Proprietor - M K Enterprises 24, H.M.A. Street, Triplicane Chennai - 600 005.

...Defendant/Appellant/Appellant Vs.

Amirunnisa Begum Sahiba Endowment A Muslim Religious & Charitable Endowment Rep. by its President Jalal Aminur Rahman S/o Janab Jalal Mohammed Ibrahim Sahib 76, Pycrofts Road (Bharathi Salai) Triplicane, Chennai - 600 005.

...Plaintiff/Respondent/Respondent PRAYER in S.A.: Second Appeal filed under Section 100 of Civil Procedure Code against the Judgement and Decree of the Learned VII Assistant City Civil Judge, Chennai dated 08.11.2013 in A.S.No.475 of 2011 confirming the Judgment 1/5

and Decree of the Learned I Assistant City Civil Judge, Chennai dated 07.10.2010 in O.S. No.1241/2008.

PRAYER IN M.P.No.1 of 2014: To stay the execution of the decree dated 07.10.2010 in O.S. No. 1241/2008 on the file of the I Asst. City Civil Judge, Chennai pursuant to decree dated 08.11.2013 in A.S. No. 475/2011 on the file of the VII Addl. City Civil Judge, Chennai pending the Second Appeal and thus render justice.

PRAYER IN M.P.No.2 of 2014: To vacate the stay in MP No. 1 of 2010 in S.A.No.163 of 2014, dated l3-02-2014 and thus render justice. For Appellant : Mr. T.M. Hariharan.

For Respondent : Mr. Asif Ali.

J U D G M E N T

When this matter is called today, the learned counsel for the appellant has sought permission to not press this appeal and has filed an affidavit to that effect. 2/5

2.Recording the submission, the second appeal is dismissed as not pressed. No costs. Consequently, connected miscellaneous petitions are closed. 02.09.2025 ay Speaking Order / Non-speaking Order Index: Yes / No To 1.The VII Assistant City Civil Court, Chennai.

2.The I Assistant City Civil Court, Chennai.

3.The Section Officer, V.R.Section, High Court of Madras, Chennai.

3/5

DR. A.D. MARIA CLETE, J ay S.A. No.163 of 2014 and M.P. Nos. 1 & 2 of 2014 4/5

Dated: 02.09.2025 5/5