THE HON’BLE SRI JUSTICE G.CHANDRAIAH DATED THIS THE 21ST DAY OF AUGUST 2009. A.S.M.P.No. 1472 of 2009 & A.S.No. 1997 of 1995. Between: Jammu Ramamurthy @ Balarama Murthy …..Appellant vs. Jammu Suryanarayana …..Respondent. THE HON’BLE SRI JUSTICE G.CHANDRAIAH A.S.M.P.No. 1472 of 2009 & A.S.No. 1997 of 1995. JUDGMENT: The learned Counsel for the petitioner/appellant filed S.A.M.P.No. 1472 of 2009 seeking permission of this Court to withdraw the appeal on the ground that the matter is settled out of court between the parties. The 1st appeal is filed by the 2nd defendant aggrieved by the Judgment and decree dt. 20.2.1995 in O.S.No. 18 of 1987 passed by the Sub-Ordinate Judge, Vizianagaram. The suit in O.S.No. 18 of 1987 was instituted by the plaintiff seeking partition of the suit A,B and C schedule properties into three equal shares and to allot one such share to the plaintiff and also for grant of past mesne profits. The trial court by the Judgment and decree dt. 20.2.1995 passed preliminary decree with costs for partition of A and B Schedule properties into 21 equal shares and to allot eight such shares to the plaintiff and dismissed the suit for partition of ‘C’ schedule property. The trial court directed the plaintiff to file a separate application for past and future mesne profits. Aggrieved by the same, the 2nd defendant filed the 1st appeal. Since the learned Counsel for the appellant seeks permission to withdraw the appeal on the ground that the matter is settled out of court between the parties, the S.A.M.P.No. 1472 of 2009 is ordered. Consequently, the appeal is dismissed as withdrawn. No order as to costs. ___________________ G.CHANDRAIAH,J 21.8.2009. KRB. THE HON’BLE SRI JUSTICE G.CHANDRAIAH A.S.M.P.No. 1472 of 2009 & A.S.No. 1997 of 1995. Dated: 21.8.2009.