THE HON’BLE SRI JUSTICE G.CHANDRAIAH DATED THIS THE 17TH DAY OF AUGUST 2009. A.S.NO. 1072 OF 1997 BETWEEN: 1.Seshu Bai and two others ……….Appellants vs. 1.Sudershan Rao and six others ………Respondents THE HON’BLE SRI JUSTICE G.CHANDRAIAH A.S.No. 1072 of 1997 ORDER: The defendants are the appellants who filed the present appeal aggrieved by the Judgment and Decree dt. 9.6.1997 in O.S.No. 91 of 1989 on the file of the Subordinate Judge, Adoni. O.S.No. 91 of 1989 was instituted by the plaintiffs seeking partition of plaint schedule properties by metes and bounds and allotment of 3/5th share to each of the plaintiffs and to appoint a Commissioner to ascertain the mesne profits from the date of suit till the date of delivery of 3/5th share to each of the plaintiffs and also to award costs of the suit. By the Judgment and Decree dt. 9.6.1997, the trial Court passed a preliminary decree in favour of the plaintiffs and against the defendants 1 and 2 directing partition of the plaint schedule properties into ten equal shares and to allot six such shares to the plaintiffs and four such shares to the defendants and that the plaintiffs are entitled to file a final decree application for division of plaint schedule properties by metes and bounds and for delivery of their respective shares. The trial court further directed the plaintiffs to file a separate application for ascertainment of mesne profits in respect of the plaint schedule property to the extent of their individual share is concerned subject to law of limitation. The learned Counsel for the appellants filed a letter dt. 13.8.2009 stating that the appellants instructed him by the letter dt. 15.7.2009 to withdraw the appeal on the ground that they have settled the matter out of court. and seeks permission of this court to withdraw the appeal. Permission is accorded. The appeal is dismissed as withdrawn. There shall be no order as to costs. ____________________ G.CHANDRAIAH,J 17.8.2009. KRB. THE HON’BLE SRI JUSTICE G.CHANDRAIAH A.S.NO. 1072 OF 1997 DATED: 17.8.2009.