HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.C.C.A.M.P.NO.271 OF 2010 AND C.C.C.A.NO.73 OF 2010 DATED: 26.10.2010 BETWEEN: Tahseen Sultana .. Appellant And Khursheed Sultana and others .. Respondents HON’BLE SRI JUSTICE B.PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.C.A.M.P.NO.271 OF 2010 AND C.C.C.A.NO.73 OF 2010 JUDGMENT: (Per Hon’ble Sri Justice B.Prakash Rao,J) Heard Sri Polavarapu Srinivas, the learned counsel appearing for the appellant and Sri K.K.Waghry , the learned counsel appearing for the respondents. This appeal is filed by the plaintiff in the suit under Section 96 of the Code of Civil Procedure aggrieved against the judgment and decree dated 26.08.2009 passed in I.A.No.1023 of 2009 in O.S.No.138 of 2009 by the III Additional Chief Judge, City Civil Court, Hyderabad, whereby the plaint has been rejected. In the suit, the plaintiff sought for declaration and also injunction. Having regard to the findings in I.A.No.1023 of 2009, the Court below disposed of the main suit itself rejecting the plaint. Hence, this appeal. Perused the records. Smt. Tahseen Sultana, wife of Mir Maqsood Ali filed an affidavit seeking to withdraw the suit and the present appeal and also stated in para 5 to the following effect: “It is submitted that when the matter was heard on 08.06.2010 the Hon’ble Court observed that the plaint was not properly drafted and the relief portion was also not correctly stated and suggested to me to withdraw the suit and the appeal, so that the Hon’ble Court will grant liberty to file a fresh suit for declaration of 1/6th share of the petitioner in the suit schedule property and for partition of the same by metes and bounds etc. I intended to withdraw the suit and appeal so that I will institute a fresh suit for declaration of my 1/6th right in the suit schedule property as well as for partition of the same by metes and bounds and for declaration that the release deed dated 26.05.1990 be declared as null and void and not binding on the petitioner and consequently to set aside the release deed dated 26.05.1990. Hence this affidavit.” Accordingly, in the light of para 6 of the affidavit, she sought to withdraw the suit in O.S.No.138 of 2009 as well as this appeal with a liberty to institute a fresh suit for a comprehensive relief and declaration of rights to the extent of 1/6th share in the suit schedule property and for partition of her share by metes and bounds. In view of the above and accepting the version of the plaintiff, the suit in O.S.No.138 of 2009 and this appeal are accordingly dismissed as withdrawn with a liberty as sought for, as per law. There shall be no order as to costs. __________________ B.PRAKASH RAO,J __________________ R. KANTHA RAO,J Date: 26.10.2010 kvrm HON’BLE SRI JUSTICE B. PRAKASH RAO AND HON’BLE SRI JUSTICE R.KANTHA RAO C.C.A.M.P.NO.271 OF 2010 AND C.C.C.A.NO.73 OF 2010 DATE: 26.10.2010