CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ AND HON'BLE MRS. JUSTICE K S HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE K S HEMALEKHA)

After arguing the matter for sometime, learned counsel for the appellant seeks to withdraw the appeal and files a memo to that effect. The memo reads as under:

“1. In view of the law that title of a third party by adverse possession cannot be gone into in a suit for partition, the present appeal is not maintainable.

2. That, the proper legal recourse would be for the appellant-Education Society to file a separate suit for declaration of title and permanent injunction.

3. Wherefore, under said facts and circumstances, it is most humbly and respectfully prayed that this Hon’ble High Court may kindly be pleased to permit the appellant-Education Society to withdraw the present appeal and take the proper legal recourse of filing a separate suit for declaration of title against the respondents, to meet the ends of justice, equity and good conscience.”

2. In view of the submission and memo filed, the appeal is dismissed as withdrawn, with liberty to seek appropriate remedy in accordance with law, if so advised.

3. Pending I.A.Nos.1/2025, 2/2025, 3/2025 and

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