HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 1-2-2010 SECOND APPEAL No.329 of 1998 Between: Solleti Venkataratnam. …Appellant. And: Kakinada Municipal Council, rep. by its Commissioner, Kakinada. …Respondent. HONOURABLE SRI JUSTICE G.CHANDRAIAH SECOND APPEAL No. 329 of 1998 JUDGMENT: This Second Appeal is filed by the appellant aggrieved by the Judgment and Decree dated 5th December, 1997 passed in A.S.No.212 of 1997 by the learned 4th Additional District Judge, Kakinada. Appellant herein is the plaintiff and respondent herein is the defendant respectively. The status of the parties will hereinafter be referred to as arrayed before the trial Court for the sake of convenience. Originally, the plaintiff filed the suit in O.S.No.562 of 1991 before the trial Court seeking to declare the levy of tax demand notice dated 6-12-1991 is illegal, capricious and arbitrary and consequential injunction restraining the defendant from collecting more than the half yearly tax of Rs.423-90ps on the plaint schedule property. The trial Court having observed that the plaintiff is not entitled to the relief of declaration as prayed for, dismissed the suit. Aggrieved by the same, the plaintiff preferred an appeal in A.S.No.212 of 1997 before the lower appellate Court and the learned Judge, having observed that as the plaintiff has failed to approach the Court with clean hands and having opined that the Court below has rightly considered the issues, dismissed the appeal. Aggrieved by the same, the plaintiff preferred the present Second appeal. Today the matter has been listed under the caption “for withdrawal”. The learned counsel for the appellant has submitted that he may be permitted to withdraw the appeal and he has also further submitted that he has already filed a letter dated 27-1-2010 in the Registry to that effect. Recording the above submission, permission is accorded. Accordingly, the Second Appeal is dismissed with costs as withdrawn. _______________________ Justice G.CHANDRAIAH Dated 1-2-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH SECOND APPEAL No.329 of 1998 Dated 1-2-2010