-p 1 20.08.2010 Present: Mr. DeepakJain, Advocate for the appellant. None for the respondent. + CM App! No. 13815/2010 (exemption) in R.S.A. No. 149/2010 * Allowed subject to all just exceptions. R.S.A. No. 149/2010 This second appeal has impugned the judgment dated 05.04.2010 wherein the finding of the trial court dated 4.03.2009 had been endorsed; the suit of the plaintiff sought a declaration that the sale deed dated 25.01.2003 for property no. 1-B, Humayun Pur, Safdarjung, New Delhi be declared null and void. The first appellate court had held that under the provisions of the Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to "NP Act"); the appellant has a remedy of appeal. The present suit seeking cancellation of the sale deed of the aforenoted property which as per the Central Bank of India was a suit property mortgaged with them by way of equitable mortgage by deposit of title deeds is not maintainable. After some arguments, the learned counsel for the appellant seeks permission to withdraw this second appeal with liberty to approach the appropriate legal forum through appropriate legal R.S.A. No. 149/2010 Page 1 of 2 Digitally Signed By:AMULYA Signature Not Verified remedy at appropriate time. Liberty granted. The second appeal is hereby dismissed as wi hdrawn. INDERMEET KAUR, J. AUGUST 20, 2010 ss 93 9j, LD R.S.A. No. 149/2010 Page 2 of 2