8.7.2008 Present: Mr. Romesh Verma, Advocate, for the appellant. Mr. Nimish Gupta, Advocate, for the respondent. CMP(M) No. 152/2008 For the reasons set out in the application, which is duly supported by an affidavit of the appellant, the delay of 3 days in filing the present appeal is condoned. The application is disposed of. . RSA No. 125/2008 Appellant Shri Duni Chand, as plaintiff filed Civil Suit No. 106 of 2004 against Shri Sarwan, as defendant, respondent herein, which was dismissed by the Civil Judge (Junior Division ), Chamba, Distt. Chamba, H.P. in terms of his judgment and decree dated 26.6.2007. Aggrieved by the same, the plaintiff filed a Civil Appeal No. 49/2007, which was also dismissed by the District Judge, Chamba, Distt. Chamba, H.P., vide judgment and decree dated 3.12.2007. Both the Courts below have concurrently held that no doubt the defendant has admitted joint ownership and possession over the suit land, but however, since the plaintiff has not placed on record tatima or site plan showing proper identification of the path on the suit land, no decree capable of not being executable could be passed. During the course of hearing, learned counsel for the appellant submitted that under instructions from his client, he may be permitted to withdraw the suit with liberty to file a fresh on the same or subsequent cause of action before the appropriate Court. Learned counsel for the respondent does not object the prayer. In view of the facts and circumstances, the appellant is permitted to withdraw the suit with liberty as prayed for. Accordingly, the appeal is also disposed of as withdrawn. CMP No. 195/2008 In view of the disposal of the main matter, this application also stands disposed of. s ( Sanjay Karol ), Judge. July 8, 2008 (rana)