This application had come up as a fresh in the morning and in view of the fact that the other appeal between the same parties i.e. Second Appeal No. 733 of 2004 being on the list, on the request of the counsel file of this appeal was also summoned.
Other second appeal has been dismissed as not pressed.
Sri Pradeep Chandra, counsel for the appellant states this appeal be also dismissed as not pressed.
Application No. 256308 of 2010 to the above effect has also been moved along with the affidavit of the appellant himself.
In view of the aforesaid application and the affidavit of the appellant coupled with the statement of the counsel, the appeal is dismissed as not pressed.
Order Date :- 11.10.2010 piyush