1. The present second appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellant herein - original plaintiff to quash and set aside the impugned judgement and decree dated 30/10/1999 passed by learned 2nd Joint Civil Judge (S.D.), Bhavnagar in Regular Civil Suit No. 654 A/85 as well as impugned judgement and order dated 12/03/2008 passed by learned Additional District Judge, Bhavnagar in Regular Civil Appeal No.229 of 1999, by which, learned Appellate Court has dismissed the said Appeal and has confirmed the judgement and decree passed by the learned Trial Court.
2. Today when the present second appeal is taken up for final hearing, Mr.Uday Vyas, learned advocate appearing on behalf of the appellant herein - original plaintiff has submitted that during the pendency of the present second appeal and pursuant to the interim order passed by this Court, licence of the appellant has been renewed upto 2015 and, therefore, he may be permitted to withdraw the present second appeal.
3. Mr.Kabir Hathi, learned Assistant Government Pleader appearing on behalf of the respondents has submitted that merely because licence of the appellant herein has been renewed pursuant to the interim order passed by this Court, it does not confer any right in favour of the appellant herein permanently. Be that it may. Without expressing anything on merits with respect to renewal of the licence in favour of the appellant herein and whether the appellant has acquired any right permanently to renew the licence, request of the appellant to permit him to withdraw the present second appeal unconditionally is hereby accepted.
4. In view of the above, without expressing anything on merits with respect to renewal of the licence of the appellant, which according to the appellant is renewed upto 2015 and on the basis of renewal of the licence the appellant has acquired any right or not, the present Second Appeal is dismissed as withdrawn unconditionally. It goes without saying that in view of the dismissal of the appeal as withdrawn whatever interim relief granted earlier during the pendency of the appeal does not survive. With this, the present second appeal is dismissed as withdrawn. No costs.
[M.R.SHAH,J] *dipti Top