HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Dated 13-4-2010 C.C.C.A. No.39 of 2004 Between: Mahesh Rajwade. …Appellant. And: I.Krishna Rao and others. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.C.C.A. No.39 of 2004 JUDGMENT: Sole appellant in this appeal has filed an affidavit styled as memo seeking withdrawal of the appeal. 2. The memo states that the appellant had filed the present appeal against the Judgment and Decree in O.S.No.529 of 1997 on the file of the Additional Judge, City Small Causes Court- Cum-VI Senior Civil Judge, City Civil Court, Hyderabad wherein the said suit filed by the appellant for specific performance and was dismissed by the Court by Judgment and Decree dated 3-12- 2003. It is further stated that during the pendency of the appeal, there have been settlement of the dispute and as per the understanding arrived at between the parties on 27-01-2010, the appellant will vacate the flat and handover the vacant possession to the respondents 5 to 8 and it is also agreed to withdraw the present appeal. It is stated that in lieu of the said settlement, the respondents 5 to 8 will give up their claim in the decretal amount in O.S.No.113 of 2005 on the file of IX Additional Senior Civil Judge, City Civil Court, Hyderabad and confirming the above understanding while the appellant has vacated the suit schedule property as mentioned above, the respondents 5 to 8 had also confirmed the said arrangement and issued a letter on 2.2.10 and in view of the same, the appeal is withdrawn by the appellant. The said Memo of withdrawal is also signed by the counsel for the appellant who now appears for the appellant in place of earlier counsel. The appellant is personally present in the Court and along with his counsel, confirms the memo of withdrawal. 3. In view of the above, the appeal is dismissed as withdrawn. No costs. _____________________________________ Justice VILAS V. AFZULPURKAR Dated 13-4-2010. Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.C.C.A. No.39 of 2004 Dated 13-4-2010