THE HON'BLE MR JUSTICE L.NARASIMHA REDDY SECOND APPEAL No:1642 of 2005 ORDER: The appellants are the plaintiffs in O.S.No.241 of 1994 in the Court of Junior Civil Judge, Gudur. The suit was filed for the relief of partition and separate possession of the suit schedule property. A preliminary decree was passed by the trial Curt. Thereupon, the respondents filed A.S.No.28 of 2001 in the Court of the Senior Civil Judge, Gudur. The appeal was allowed. The second appeal arises out it. The learned counsel for the appellant filed a memo dated 11.09.2009 seeking permission of this Court to withdraw the second appeal. Sri M. Venkatakrishnaiah filed an application to implead him in this appeal as appellant. He made reference to an agreement of sale said to have been executed by the appellants. Once the appellants seeking the permission of this Court to withdraw the second Appeal, the permission cannot be denied. In case, Sri M. Venkatakrishnaiah has any rights vis-à-vis the parties herein, they have to work out the same in a properly constituted proceedings. It is brought to the notice of this Court that he filed O.S.No.149 of 2009 in the Court of Senior Civil Judge, Guduru. For the foregoing reasons, the Second Appeal is dismissed as withdrawn. There shall be no order as to costs. It is made clear that dismissal of this appeal shall not have any effect on the rights of Sri M. Venkatakrishnaiah, and it shall be open to him to pursue his rights in the pending suit. ______________________ (L. Narasimha Reddy, J.) 17th September, 2009 Js.