THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT APPEAL No. 365 of 2008 Between: 1. Shyam Sunder Agarwal (since died) 2. Govindlal Agarwal ….Appellants And Greater Hyderabad Municipal Corporation, rep. by its Commissioner and Special Officer, Tank Bund Road, Hyderabadand another …Respondents. JUDGMENT: (Per Hon’ble Sri Justice Goda Raghuram) Sri Venugopal, learned counsel for the appellant-Govindlal Agarwal concedes the position that the appeal filed by Govindlal Agarwal against the judgment dated 6-3-2007 (dismissing W.P.No. 25325 of 1998 filed by the deceased Shyam Sunder Agarwal) is not maintainable, since Govindlal Agarwal is the brother and not the legal representative of Shyam Sunder Agarwal. The writ petition pertains to a dispute between the Municipal Corporation of Hyderabad and Shyam Sunder Agarwal with regard to declining grant of permission for construction of a house in Plot No. 1-B, of an extent of 422 Sq. yards in Sy.No. 363 of Gudimalkapur village, Golconda Mandal, Hyderabad District. This property is not claimed to be the joint property of the deceased Shyam Sunder Agarwal and Govindlal Agarwal, but is admittedly the exclusive property of Shyam Sunder Agarwal, liable to be inherited by the linear descendants who are class-I heirs of Shyam Sunder Agarwal and not by a brother Govindlal Agarwal. Sri Venugopal, learned counsel, in the circumstances, seeks the leave of this Court to withdraw the appeal. In the circumstances stated, the appeal is dismissed as withdrawn. There shall however be no order as to costs. _______________________ GODA RAGHURAM, J ___________________________________ SAMUDRALA GOVINDARAJULU, J 4th October, 2010 GRR