IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

TUESDAY, THE 26^TH DAY OF MARCH 2024 / 6TH CHAITHRA, 1946 WA NO. 1803 OF 2023 AGAINST THE ORDER/JUDGMENT DATED 18.09.2023 IN WP(C) NO.36399 OF 2022 OF HIGH COURT OF KERALA APPELLANTS/PETITIONERS:

1 AL JAMIA MA-ARIFATHUL ISLAM FEE THAHFEELUL QURAN REPRESENTED BY ITS SECRETARY SHARAFATH HUSSAIN M N AGED 38 YEARS, PERAYAM, UMAYANALLOOR P.O, KOLLAM., PIN - 691589

2 NAZIMUDHEEN.M AGED 72 YEARS CHAIRMAN, AL JAMIA MA-ARIFATHUL ISLAM FEE THAHFEELUL QURAN, C/O MAIDEEN BAVA RAWTHER, PERAYAM, UMAYANALLOOR P.O, THAZHUTHALA. KOLLAM., PIN - 691589 BY ADVS.

SANKARAN NAIR D.

G.MANU (M-1316)

M.M.BABY(K/000493/1995)

RESPONDENTS/RESPONDENTS:

1 UMAYANALLOOR COOPEARTAIVE BANK UMAYANALLOOR COOPEARTAIVE BANK LTD NO.3034, VAZHAPPALLY BRANCH, UMAYANALOOR PO, KOLLAM, PIN – 691589, REPRESENTED BY ITS SECRETARY.

2 MAYYANAD REGIONAL CO-OPEARTIVE BANK LTD NO.94, MAYYANAD BRANCH, KOTTIYAM, KOLLAM, PIN – 691571 REPRESENTED BY ITS SECRETARY.

BY ADV V.JAYAPRADEEP SR GP SRI T K VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Amit Rawal, J.

During the course of the argument, this Court raised the specific query with regard to the maintainability of the writ petition as well as the writ appeal on behalf of the Society as the dispute arises between a loaner and loanee who are individuals. When this Court was about to dismiss the writ appeal with costs, learned counsel for the appellant seeks permission to withdraw the writ appeal. Ordered accordingly.

Sd/-

AMIT RAWAL JUDGE Sd/-

EASWARAN S.

JUDGE nak APPENDIX OF WA 1803/2023 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF JUDGEMENT DATED 18-

09-2023IN WP( C ) 36399 OF THIS HONOURABLE COURT Annexure 2 COPY OF WP C 36399 OF 2022