HIGH COURT OF CHHATTISGARH. BILASP Second Appeal No.389 of 2009 APPELLANT/: (Defendant)/ (Tenant) RESPONDENT/: (Plaintiff)/ (Landlord) Brij Kumar, S/o Hotumal, Occupation Busjness, aged 49 years, R/o Beladula Road, Sindhi Colony, Raigarh, Tah. & Distt. Raigarh (C.G.) Versus Prakash Kumar, S/o Late Vidyadhar Mishra, aged 48 years, Occupation Doctor, R/o Chakradharn^ar Chowk, Raigarh, Tah. & Distt. Raigarh (C.G.) {Second appeal under Section 100 ofthe Code of Civil Procedure, 1908} Present: Mr. Vipin Punjabi, counsel for the appellant. Soma Sjnale Bench: Hon'ble Mr. T.P. Sharma. J ORALJUDGMENT (16-9-2009) 1. This appeal is directed against the judgment & decree dated 18-8-2009 passed by the 1st Additional District Judge, Raigarh in Civil Appeal No.36A/2008 affirming the judgment & decree dated 29-8-2008 passed bythe 2nd Civil Judge Class-11, Raigarh in Civil Suit No.103A/2006. 2. Heard on I.A.No.2, application for returning the Court fees due to withdrawal of appeal. 3. Learned counsel for the appellant submits that he wants to withdraw the appeal and also prays for return of Court fees of Rs.1,000/- affixed in the memorandum of the appeal. 4. On due consideration, I.A.No.2 is atlowed. The appeal is dismissed as withdrawn. No order as to costs. Court fees paid by the appellant shall be returned to him. Sd/- T.P. Sharma Judge