THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR C.C.C.A. NO.268 OF 2001 DATED 1ST JUNE, 2010. BETWEEN Smt.Ghousia Khatoon @ Shahzadi Begum (died) W/o Mohd. Khader Ali Khan, Aged about 72 years, Occ: Household, R/o H.No.16-9-585/1, Old Malakpet, Hyderabad. And Others … Appellants And Mir Rahat Ali Khan, S/o Mir Ahmed Ali Khan, Aged about 52 years, Occ: Business, R/o H.No.20-3-123/1/B/1, Devdi Khursheed Jah, Hyderabad. And Others … Respondents THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR C.C.C.A. NO.268 OF 2001 JUDGMENT: This appeal is directed against the Judgment and Decree dated 09.08.2001 for specific performance passed in favour of the first respondent herein and against the appellants, by the I Senior Civil Judge, City Civil Court, Hyderabad, in O.S.No.619 of 1990. While the appellants are the owners of the property in question, they were arrayed as the first and second defendants in the suit. The first respondent herein was the plaintiff in the suit wherein he sought a decree for specific performance by execution and registration of sale deed relating to the suit house in his favour. Under the impugned Judgment and Decree, the first respondent’s suit was decreed as prayed for and consequently the first respondent had also deposited the balance sale consideration of Rs.1,73,000/- to the credit of the said suit. Aggrieved thereby, the first and second defendants have preferred the present appeal. It is stated that during the pendency of the appeal, the property has been sold to the third parties and all the parties have settled the dispute, namely, the subject matter of the present appeal. The connected litigation in O.S.No.2153 of 2001 on the file of the IX Senior Civil Judge (FTC), City Civil Court, Hyderabad, was also disposed of by way of a compromise under the Award of the Lok Adalat in LAC No.120 of 2009 dated 13.02.2009. A certified copy of the Award of the Lok Adalat, City Civil Court Legal Services Authority, Hyderabad, referred to above, is produced before this Court by the parties. The learned counsel for the first respondent has also filed a memo dated 15.03.2010 categorically stating that he seeks to withdraw the suit as not pressed in view of the settlement and compromise arrived at between the parties in the suit and with a liberty to withdraw the balance sale consideration of Rs.1,73,000/- lying in the credit of suit before the Court below together with accrued interest. Heard Sri Ali Farooque, learned counsel for the first respondent/plaintiff and Ms.Datla Divya, learned counsel, representing the learned counsel for the appellants. The plaintiff was personally present before the Court on the earlier occasion and at that time the learned counsel for the appellants had taken time to get instructions. Now, the learned counsel for the appellants stated that if the first respondent/plaintiff is withdrawing the suit itself, they cannot have any objection. Therefore, the present appeal itself does not survive. In view of the above, the first respondent/plaintiff is permitted to withdraw the said suit in terms of the a memo dated 15.03.2010 filed by him which shall be part of the record and consequent to dismissal of the suit as withdrawn, the present appeal being CCCA No.268 of 2001 does not survive and is accordingly dismissed. Consequently, the first respondent/plaintiff shall be permitted to withdraw the balance sale consideration of Rs.1,73,000/- which was earlier deposited by him to the credit of O.S.No.619 of 1990 on the file of the learned I Senior Civil Judge, City Civil Judge, Hyderabad, together with accrued interest. No costs. ____________________________ VILAS V.AFZULPURKAR, J. 1st June, 2010. VGSR/PGS