When the matter is taken up for hearing, the learned counsel for the appellant sought permission of this Court to withdraw this appeal for which he has already sent a letter to the Registry to list the matter under the caption 'for withdrawal'. He has also made an endorsement to that effect.
2. In view of the submission and endorsement made by the learned Counsel for the appellant, the Second Appeal is dismissed as withdrawn. Consequently, connected miscellaneous petition is dismissed. No Costs.
3.The learned counsel for the appellant further submitted that he has filed a suit for specific performance and has also deposited the balance sale consideration in the Court. By virtue of the settlement that now taken place, he gave up his right to seek specific performance. He is therefore permitted to withdraw whatever amount that he has deposited in the Court below with any accrued interest , if so available.
To
1.The III-Additional District and Sessions Judge, Thanjavur at Pattukottai.
2.The Sub-ordinate Judge, Pattukottai..