Malla Madhava Swamy v. Alla Sriramulu

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI SECOND APPEAL No.257 of 2010 JUDGMENT:- This Second Appeal, under Section 100 of C.P.C., by appellants/defendants 1, 2 and 4, is directed against the decree and judgment, dated 27.01.2009, of the learned VII Additional District Judge (Fast Track Court), Visakhapatnam, passed in A.S.No.28 of 2001, whereby, the learned VII Additional District Judge, while allowing the appeal of the unsuccessful plaintiff in part, had remanded the matter to the trial Court for deciding the suit afresh. 2.

When the matter is taken up today, learned counsel for the appellants, on instructions, submits that the appellants intend to withdraw and appeal and, accordingly, seeks permission of this Court to withdraw the appeal.

3.

Recording the said submission of the learned counsel for the appellants, permission is accorded to withdraw the appeal. Accordingly, the second appeal is dismissed as withdrawn. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this appeal shall stand dismissed.

_______________________ M. Seetharama Murti, J 29th June, 2015 Bvv