HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 1-2-2010 SECOND APPEAL No.1427 of 2006 Between: Guttula Mangayamma.. …Appellant. And: Yarrapragada Sriramachandra Murthy and others. …Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH SECOND APPEAL No.1427 of 2006 JUDGMENT: This Second Appeal is filed by the appellant aggrieved by the Judgment and Decree dated 15th September, 2006 passed in A.S.No.128 of 2005 by the learned 4th Additional District Judge, East Godavari, Kakinada. Appellant herein is the plaintiff and respondents herein are the defendants in 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.22 of 2002 before the trial Court seeking to declare the title of the plaintiff in the plaint schedule property which is detailed as “ABLMNPGHIJK” in the plaint plan and consequentially restraining the defendants and their men and persons claiming through or under them, by way of permanent injunction from ever interfering with the plaint schedule property in any manner whatsoever with costs. The trial Court having observed that the plaintiff failed to prove that she is in possession of the suit schedule property from 1989 onwards and further on the date of filing of the suit, she was not in possession of the suit schedule property and she has also failed to prove that she is in possession of the suit schedule property on the date of filing of the suit, therefore, she is not entitled for permanent injunction as prayed for, dismissed the suit. Aggrieved by the same, the plaintiff preferred an appeal in A.S.No.128 of 2005 before the lower appellate Court and the learned Judge having observed that since the plaintiff failed to prove her title and possession over the suit schedule property and having held that the Court below has rightly dismissed the suit, 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 28-1-2010 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 Accordingly, the Second Appeal is dismissed with costs as withdrawn.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.1427 of 2006 Dated 1-2-2010