THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.No.68 of 2010 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) As the court below refused to record compromise and dissolve the marriage between the appellant-wife and the respondent-husband, this appeal is filed by the wife against the order of the Family Court, Ranga Reddy District, dated 22-01-2010, made in O.P.No.28 of 2009, wherein the said O.P., filed by the husband seeking divorce under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (for short “the Act”) on the ground of cruelty was dismissed. During pendency of the appeal, both the parties have filed an application under Order 23 Rule 3 CPC along with a petition under Section 13 (B) of the Act seeking to grant divorce by mutual consent. On 20-04-2010 in FCAMP No.230 of 2010, this Court directed to list the matter on 01-06-2010 for appearance of both the parties before this Court and to file appropriate application seeking conversion of O.P.No.28 of 2009 filed under Section 13(1) (ia) of the Act to that of a petition under Section 13(B) of the Act. Today, the learned counsel appearing for the wife submits that the husband is staying in America and he is unable to appear before this Court and, therefore, the wife seeks to withdraw the appeal itself. Accordingly, the appeal is dismissed as withdrawn. Consequently, the interlocutory applications stand dismissed. There shall be no order as to costs. ________________ V.ESWARAIAH, J _________________ B.N.RAO NALLA, J Dated: 02-06-2010 Prv