IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CITY CIVIL COURT APPEAL No.189 of 1994 Between: Wahed Dad Khan …Appellant / Plaintiff AND Hakim Ghouse Mohiuddin And others …Respondents / Defendants THE HON’BLE SRI JUSTICE G.BHAVANI PRASAD CITY CIVIL COURT APPEAL No.189 of 1994 JUDGMENT: Heard Sri G.Lakshminath, learned counsel, representing Sri P.Venugopal, learned counsel for the appellant and the learned counsel requested for permission to withdraw the appeal. It is also seen from the record that the appeal already stood dismissed for default against the ﬁfth respondent by virtue of the order of this Court dated 17.12.2007 and the impugned judgment and decree are to the eﬀect of dismissing the suit with costs. In the appeal against such dismissal of the suit for partition, in the absence of one of the parties, the appeal should also be construed to be not properly and completely constituted as of now. Consequently, the City Civil Court Appeal is dismissed as withdrawn and also as not properly constituted against respondents 1 to 4 and 6 without costs, while it already stood dismissed for default against the ﬁfth respondent as per the orders of this Court dated 17.12.2007. _________________________ G.BHAVANI PRASAD, J February 25, 2010 Bvv