IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.387 of 2004 Mahendra Prasad Yadav son of Bhudeo Prasad Yadav resident of village Kamp tola Madhepura P.O.Kamp via Sour Bazar P.S. Anchal Sour Bazar Dist Saharsa Defendant-appellant-appellant Versus 1 Umakant Yadav son of Bhudeo Pd. Yadav 2. Arbind Prasad Yadav son of Mahendra Pd. Yadav Both resident of village Kamp tola Madhepura P.O.Kamp via Sour Bazar P.S. Anchal Sour Bazar Dist Saharsa Defendants-appellants-resspondents 3. Dhaneshwar Mandal 4. Mahilal Mandal Both sons of Late Mishri Lal Mandal 5. Fuleshwar Mandal 6. Raj Kumar Mandal Both sons of Jageshwar Mandal, resident of village Kautola Bijaypur P.S. Anchal Sour Bazar Dist Saharsa 7. Dhautal Mandal son of Late Haleshwar Mandal resident of village Old village Piernagara tola Kahar Marar P.O.Pirnagra P.S. Bendaur Dist. Khagaria at present resident of village Kaup tola Bijaypur P.S. Anchal Sour Bazar Dist Saharsa Plainitffs-respondnets-respondents ----------------- 05 10.02.2009 Heard learned counsel for the appellant. No one appeared for the respondents. This second appeal has been filed by the defendant- appellant-respondent challenging the judgment and decree dated 24.06.2004 by which learned 2nd Additional District Judge, Saharsa dismissed the appellants’ Title Appeal no.23 of 1999 and affirmed the judgment and decree dated 04.09.1999 by which the learned Munsif Saharsa decreed the Title Suit no. 91 of 1992 filed by the plaintiffs- respondents-respondents declaring their title, confirming their possession and also declaring sale deeds dated 04.05.1992 (Exhibits A/1,A/2 and A/3) allegedly executed by the defendant second party in favour of the defendant first party as illegal and void. After some argument, learned counsel for the - 2 - appellant, on the instruction of his client, seeks permission to withdraw this second appeal. Accordingly, this second appeal is dismissed as withdrawn. shahid (S.N.Hussain, J)