Tiruchirappalli Town v. Sarumathi,

THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.A(MD).Nos.173 & 174 of 2018 and C.M.P(MD)Nos.4564 & 4565 of 2018 Tiruchirappalli Town Hazarathi Khader, Aulia Waqf, Tiruchirappalli-8, Represented By its Muthawalli, Janaba Mehtaj.

... Appellant in both the Appeals /Vs./

1. Sarumathi

2. Tamilnadu Waqf Board, Rep.By its Chief Executive Officer, No.1,Jaffar Sirang Street, Vallal Seedhakadhi Nagar, Chennai-1

...Respondents in

S.A.(MD)No.173 of 2018

1. Sakunthala

2. Tamilnadu Waqf Board, Rep.By its Chief Executive Officer, No.1,Jaffar Sirang Street, Vallal Seedhakadhi Nagar, Chennai-1

...Respondents in

S.A.(MD)No.174 of 2018 1/4

P RAYER in S.A(MD)No.173 of 2018 : Second Appeal filed under Section 100 of the Civil Procedure Code to allow the Second Appeal and consequently set aside the Decree and Judgment as made in A.S.No. 224 of 2015 dated 17.11.2017 passed by the Learned I Additional Subordinate Judge, Tiruchirappalli reversing the Decree and Judgment of the Learned III Additional District Munsif of Tiruchirappalli dated 14.08.2015 made in O.S.No.1597 of 2012 of decreeing the suit having been filed by the Appellant/Respondent/Plaintiff for the relief of eviction recovery of arrears of rent, damages, permanent injunction, Costs and other reliefs.

PRAYER in S.A(MD)No.174 of 2018: Second Appeal filed under Section 100 of the Civil Procedure Code to allow the Second Appeal and consequently set aside the Decree and Judgment as made in A.S. No.31 of 2016 dated 17.11.2017 passed by the Learned I Additional Subordinate Judge, Tiruchirappalli reversing the Decree and Judgment of the Learned II Additional District Munsif of Tiruchirappalli dated 12.10.2015 made in O.S.No.967 of 2013 of decreeing the suit having been filed by the Appellant/Respondent/Plaintiff for the relief of eviction recovery of arrears of rent, damages, permanent injunction, Costs and other reliefs.

In Both the Appeals For Appellant : M/s.J.Anandhavalli, J.R.Annie Abinaya For Respondents : No appearance 2/4

JUDGMENT

Today, when the matter is taken up for hearing, the learned Counsel appearing for the Appellant seeks permission of this Court to withdraw the present Second Appeal and she has also circulated a letter to this effect.

2. Accordingly, this Second Appeal is dismissed as withdrawn. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.

20.11.2023 Index : Yes / No NCC : Yes / No ksa TO:

1. The Additional Subordinate Court, Tiruchirappalli.

2. The III Additional District Munsif Court, Tiruchirappalli.

3. The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

3/4

S.SRIMATHY, J.

ksa Judgment made in S.A.(MD)Nos.173 & 174 of 2018 20.11.2023 4/4