HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 29-01-2010 C.C.C.A.No.179 of 2004 Between: Dr.Mohammed Abid Ali. …Appellant. And: Mrs.Hameeda Begum. .…Respondent. HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C.C.A.No.179 of 2004 JUDGMENT: This appeal has been filed by the appellant herein aggrieved by the order dated 5-8-2002 passed in O.S.No.672 of 1997 by the learned VII Senior Civil Judge, City Civil Court, at Hyderabad. Appellant herein is the defendant and respondent herein is the plaintiff before the Court below. The status of the parties will hereinafter be referred to as arrayed before the Court below for the sake of convenience. Originally, the plaintiff filed the suit in O.S.No.672 of 1997 before the Court below seeking recovery of possession and for eviction of the defendant from the schedule house and also Rs.60,608/- towards arrears of rent and property tax and Rs.6,000/- towards damages and further Rs.6,000/-P.M., towards future mesne profits from 1-5-1997 till the delivery of possession of the property. The Court below having observed that the notice issued under Section 106 of the Transfer of Property Act by the plaintiff under Ex.A.1 is valid and the plaintiff is entitled for eviction of the defendant from the schedule premises and the defendant has failed to pay rents from January, 1996 to March, 1997 and also property tax under Exs.A.2 to A.4 and also liable to pay mesne profits at Rs.6,000/- per month, decreed the suit directing the defendant to vacate and deliver vacant possession of the suit schedule premises to the plaintiff within three months and also to pay a sum of Rs.40,608/- towards the arrears of rent and property tax and for Rs.6,000/- towards damages for use and occupation of the premises for the month of April, 1997 and future mesne profits at the rate of Rs.6,000/- per month from 1-5-1997 till the delivery of possession, on payment of Court fee. Aggrieved by the same, the present revision has been filed by the defendant. A perusal of record goes to show that the learned counsel for the appellant has submitted a letter to the Registry on 28-1-2010 stating that he was instructed by his client to withdraw the appeal and therefore, the Registry may be directed to post the above appeal for withdrawal and hence, the appeal is posted to today. In view of the submission made by the learned counsel for the appellant in the letter dated 28-1-2010, this appeal is liable to be dismissed as withdrawn. Accordingly, the C.C.C.A. is dismissed as withdrawn. No costs. _______________________ Justice G.CHANDRAIAH Dated 29-01-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH C.C.C.A.No.179 of 2004 Dated 29-01-2010