IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.68 of 2008 Rameshwar Sao son of Bhatoo Sao, resident of Village- Dumrawan, P.S. Deepnagar, District- Nalanda (Defendant- Appellant) –Appellant. Versus 1. Nazma Khatoon widow of Late Md. Nishar Ahmade, 2. Aftab Alam, 3. Asim Alam, 4. Mahatab Alam, 5. Firoz, Nos. 2 to 5 are sons of late Md. Nisar Ahmad, 6. Shahin Ara, daughter of late Md. Nisar Ahmad, 7. Parbin Ara, daughter of Late Md. Nisar Ahmad, 8. Reshama, daughter of late Md. Nisar Ahmad, 9. Reyaz Ahmad son of Late Abdul Hashim, 10. Most. Bibi Noorjahan wife of Makbul Alam, Nos. 1 to 10 are all residents of village- Dhemchuli at present Mohalla- Sherpur, Town Biharsharif, District- Nalanda. --(Plaintiff-Respondents)—Respondents Ist Set. 11. Pappu Sao minor son of Rameshwar Sao under the Guardianship of Sri Ujendra Prasad Advocate (G.A.L.) Civil Court, Biharsharif, Nalanda. 12. Surendra Sao son of Bhatoo Sao, resident of Village- Bumrawan, P.S. Deepnagar, District- Nalanda. – (Defendants- Respondents) –Respondents. ----------- I.A. No. 79 of 2011, at Flag-Z. 5/ 11-01-2011 The present interlocutory application has been filed by the appellant under Order XXIII, Rule-1(3) read with section 151 of the Code of Civil Procedure, seeking permission of the Court to withdraw the present second appeal. Mr. Khatim Reza, learned counsel submits that the appellant was defendant in the trial court and suit of the plaintiff- respondent was decreed. Defendant- appellant preferred title appeal but that was dismissed by the learned lower appellate court. Though the appellant 2 has lost in both the courts below but the present second appeal has been admitted by a Bench of this Court by order dated 15.02.2010. It is further submitted by learned counsel appearing on behalf of the appellant that there has been some sort of settlement between the appellant at one side and the respondents at the other side and, therefore, appellant does not propose to pursue the present second appeal and as such he has filed the present interlocutory application seeking permission to withdraw the present second appeal. In the aforesaid circumstances, the present Interlocutory application is allowed. Second Appeal No. 68 of 2008 is permitted to be withdrawn. The main second appeal stands disposed of. But there shall be no order as to costs. BTiwary/ ( Birendra Prasad Verma, J.)