HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A.NO.2176 OF 2002 Dt.18.3.2010 Between: Mullagiri Venkateswaramma .. Appellant And Mullagiri Narayana .. Respondent HON’BLE SRI JUSTICE V.ESWARAIAH AND HON’BLE SRI JUSTICE B.N.RAO NALLA C.M.A.NO.2176 OF 2002 JUDGMENT: (Per Sri Justice V.Eswaraiah) Pursuant to the letter addressed by the learned counsel appearing for the appellant on 22.8.2007 to the Registrar (Judicial) requesting to list the matter to enable him to withdraw the aforesaid appeal, the matter has been listed on 21.10.2009 i.e., after two years. Therefore, this Court by order 21.10.2009 directed the office to submit a report with regard to the lapses on the part of the concerned. The Registry has submitted the report without fixing the responsibility and without showing any justifiable reasons for not posting the matter for withdrawal in spite of the endorsement made by the Registrar (Judicial) on 24.8.2007. When the letter has been addressed for listing the matter for withdrawal, the matter has to be listed immediately for withdrawal whether it is filed either for final hearing or interlocutory or posted along with some other matter. Therefore, there cannot be any justification on the part of the personnel concerned in not posting the appeal for withdrawal. Therefore, we are of the view that appropriate action is required to be taken against the concerned by fixing the responsibility and see that such type of lapses do not occur in future. Pursuant to the said letter addressed by the learned counsel appearing for the appellant stating that the subject matter of the appeal has been settled out of Court, he may be permitted to withdraw the appeal. The appeal is accordingly dismissed as withdrawn. No order as to costs. ________________ V.ESWARAIAH, J. ________________ B.N.RAO NALLA, J. 18.3.2010 kpr