Madras High CourtCMP(MD)/4366/2018dismissed as withdrawal

B.Kannan v. Mohammed Hanifa

2020-02-07Honourable Mr Justice N. Sathish Kumar2 pages

CMP(MD) No.4366 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Seventh day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice N.SATHISH KUMAR CMP(MD) No.4366 of 2018 IN AS(MD) No.20 of 2011 B.KANNAN ... PETITIONER/PROPOSED 10TH RESPONDENT Vs 1.MOHAMMED HANIFA 2.AIYSA KANI ...1ST AND 2ND RESPONDENTS/ APPELLANTS 3.SALIYAKANI 4.BASHEER UL HAQ 5.MOHAMMED MAIDEEN 6.ASHMA BEGAUM 7.BODISAMY 8.VALLIAMMAL 9.ABDUL HAQ 10.MOHAMMED ABDUL KAHDER (DIED) 11.SAYA SULTAN BEEVI ... 3 TO 11 RESPONDENTS/ 1 TO 9 RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit the Petitioner to implead as 10th Respondent in the First Appeal in A.S.(MD) NO.20 of 2011 pending on the file of this Honourable Court and pass such further or other orders as this Honourable Court may deem fit and proper in the nature and circumstances of the case and thus render justice. PRAYER IN AS(MD) No.20 of 2011:

To prefer this Memorandum of Regular Appeal against the Judgment and decree dated 08.11.2010 made in O.S.No.284 of 2004 on the file of the Fast Track Court, Additional District Judge, Dindigul.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.R.R.KANNAN, Advocate for the petitioner and of Mr.A.R.SETHUPATHY, Advocate for R1 and R2,the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

CMP(MD) No.4366 of 2018 This petition has been filed to implead the petitioner as 10th respondent in the above appeal suit.

2. The third party filed an application to implead himself in the appeal on the ground that he has purchased the property in the Court auction sale.

3. When this Court posed a question how this petition is maintainable, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to take appropriate proceedings as per law and he has also made an endorsement to that effect.

4. Recording the same, this petition is dismissed as withdrawn. sd/- 07/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE FAST TRACK COURT, ADDITIONAL DISTRICT JUDGE, DINDIGUL.

+1. C.C. to M/S.RR.KANNAN Advocate SR.No.5288

ORDER

IN CMP(MD) No.4366 of 2018 IN AS(MD) No.20 of 2011 Date :07/02/2020 TRP TK/PN/SAR.1/11.02.2020/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2