MAXWORTH HOME LTD. Vs. U. YAMUNAKUMARI

JUDGEMENT

(1.) HEARD Mr. R. Thiagarajan, learned senior counsel in support of these appeals. Mr. K. Doraisamy, learned senior counsel appears for the first respondent and Mr. J. Narayanasamy, learned counsel appears for the second respondent -Income Tax Department.

(2.) THE first respondent before us has filed Writ Petn. No. 777 of 2009 which is pending on the file of a learned Single Judge of this Court. In that writ petition, she took out an interim application for stay of further proceedings pursuant to the order of attachment issued by the second respondent -IT department, which notice had been issued in view of the dues of the appellant herein. The first respondent herein claimed to be the owner of the property, whereas it is the case of the appellant that they are the owners of the property. Both the parties have filed civil suits in appropriate courts, though they are pending before different Courts. Mr. K. Doraisamy, learned senior counsel informs that he has filed a transfer C.M.Ps. before this court to ensure that all those suits are heard by one court. The appellant has filed this appeal being aggrieved by the order passed by the learned Single Judge in the writ petition filed by the first respondent herein, whereby the learned Single Judge has granted an order of status quo.

(3.) MR . K. Doraisamy, learned senior counsel for the first respondent, who is the petitioner in the writ petition, states that in view of what is stated above, nothing further is required to be sought in the writ petition. By consent of the appellant and the first respondent, Writ Petn. No. 777 of 2009 is taken on the Board of this court. Mr. K. Doraisamy seeks leave of this court to withdraw the writ petition. The liberty sought for is granted and the writ petition is dismissed as having been withdrawn.