5 S.B. CIVIL FIRST APPEAL NO.63/1997 Vallabh Bhai & Anr. Vs. Giriraj Bhai Date of Order :: 6th January 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.Amit Vyas for Mr.S.D.Vyas, for the appellants. None present for the respondent. .... BY THE COURT: Nobody is present for the respondent. The application (IA No.15747/2008) has been moved on behalf of the appellants seeking permission to withdraw with the submissions that the parties are the relatives and the appellants do not want to proceed further with the litigation. Learned counsel for the appellants submits that he has duly supplied a copy of the application to the counsel for the respondent. Having regard to the facts and circumstances, and the impugned judgment and decree dated 02.11.1996, whereby the suit filed by the plaintiffs-appellants for partition was dismissed and the counter claim taken by the defendant for recovery of possession of a part of the property in question was decreed; when the appellants do not want to proceed with this appeal and nobody has appeared for the respondents, it appears appropriate to grant the prayer as made on behalf of the appellants. The application (IA No.15747/2008) is, therefore, allowed. The appellants are permitted to withdraw; and this appeal is dismissed as withdrawn. No costs. (DINESH MAHESHWARI), J. s.soni