IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.304 of 2011 (O&M) Date of decision: 13th September, 2011 Harbhajan Singh Chopra and others … Appellants Versus Joginder Singh and others … Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Harminder Singh, Advocate for the applicants-appellants. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No.10526-C of 2011 Issue notice of the application. Ms.Navdeep, Advocate appearing on behalf of Mr.G.S. Sandhawalia, Advocate for the respondents, accepts notice. With the consent of counsel for the parties and for the reasons stated in this application, date of hearing of the appeal and Civil Misc. No.9233-C of 2011 is preponed. The present application stands disposed of accordingly. Civil Misc. No.10527-C of 2011 This application has been filed under Order XXIII Rule 1 read with Section 151 CPC for withdrawing the appeal. It is stated in the application that the suit for specific performance on the basis of an agreement to sell dated 27th February, 1993 was filed by the respondents- plaintiffs. In the appeal, notice of motion was issued and the same was fixed Regular Second Appeal No.304 of 2011 (O&M) for 13th October, 2011. Vide a separate order passed in Civil Misc. No.10526-C of 2011, hearing of the appeal has been preponed to today. It is stated in the present application that as per the decree of the courts below, the respondent-plaintiff has deposited the sale consideration of Rs.50,91,970/- and sale deed has also been executed in favour of the respondent-plaintiff by the Court. The applicants-appellants seek withdrawal of the appeal to enable them to withdraw the amount of sale consideration deposited in the Court, as they are no longer desirous of pursuing the appeal. Counsel for the respondents-plaintiffs has no objection in case appeal is allowed to be withdrawn. Accordingly, for the reasons stated in this application, the same is allowed and applicants-appellants-defendants are permitted to withdraw the appeal. Regular Second Appeal No.304 of 2011 Since Civil Misc. No.10527-C of 2011 has been allowed, the present appeal is dismissed as withdrawn. Civil Misc. Nos.2871-C and 9233-C of 2011 In view of the withdrawal of the appeal, all Civil Misc. applications filed in this appeal have been rendered infructuous and they stand disposed of as such. [KANWALJIT SINGH AHLUWALIA] JUDGE September 13, 2011 rps 2