HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE G.BHAVANI PRASAD C.C.C.A.No.2 of 2004 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) The present appeal under Section 96 of Civil Procedure Code is directed against the judgment and decree dated 20.10.2003 passed in O.S.No.345 of 2001, whereby the learned X Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad, decreed the said suit filed by the respondent herein for specific performance of agreement with costs. Even though several grounds were urged in the memorandum of grounds of appeal, today when the matter is taken up for consideration, learned counsel for the appellants submits that the appellants are aggrieved only against awarding of costs amounting to Rs.1,55,345/- under the impugned judgment. Learned counsel for the respondent submits that the respondent is foregoing the claim for costs. The parties have also filed a joint memo dated 25.08.2010 stating that the matter has been settled outside the Court and the respondent has no claim in respect of the impugned judgment including claim for costs. Placing on record the above memo and the submissions made by the learned counsel on either side as stated above, the present appeal is allowed and the impugned judgment and decree is set aside only to the extent of costs awarded thereunder. _______________ B.PRAKASH RAO,J __________________ G.BHAVANI PRASAD,J 25th August, 2010. PNV