THE HON’BLE SRI JUSTICE SANJAY KUMAR and THE HON’BLE SRI JUSTICE T. AMARNATH GOUD CCCA No.186 of 2002 JUDGMENT: (per SK, J) This First Appeal under Section 96 CPC was preferred by the first defendant in O.S.No.467 of 1999 on the file of the learned III Additional Chief Judge, City Civil Court, Hyderabad, aggrieved by the judgment and decree dated 17.06.2002. O.S.No.467 of 1999 was filed for partition of the plaint A and B schedule properties into four equal shares by metes and bounds and for allotment of one such share to each of the plaintiffs and to put them in possession. The plaintiffs also sought mesne profits with respect to their shares over the plaint A and B schedule properties from the date of the suit till the date of delivery of the possession of their shares. By the judgment under appeal, the suit was decreed. While so, CCCA.MP.No.381 of 2011 was filed by the appellant/first defendant stating that the matter had been compromised with respondents 2, 3 and 12 to 17 in the appeal. Significantly, respondents 2 and 3 were plaintiffs 2 and 3 in the suit, while respondents 12 to 17 were the legal representatives of SK, J & TA, J CCCA.No.186 of 2002 2 the deceased respondent 1/plaintiff 1. By common order dated 16.08.2011 passed in CCCA.MP.No.381 of 2011 in CCCA.No.186 of 2002 and CCCA.No.186 of 2002, the said compromise was recorded and the appeal was disposed of in terms of the said compromise as against respondents 2, 3 and 12 to 17. While so, letter dated 26.11.2017 addressed by the appellant/first defendant to his counsel is placed on record wherein the appellant/first defendant stated that the appeal was compromised and he has no further claim against the remaining respondents who were only tenants and accordingly instructed his counsel not to press the appeal against the other respondents. In the light of the aforestated communication, the appeal is dismissed as withdrawn as against respondents 4 to 11. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs. ___________________ SANJAY KUMAR, J 7th JUNE, 2018. _____________________ T. AMARNATH GOUD, J kvni