1. The present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant herein
- original plaintiff challenging the impugned judgement and decree passed by learned Trial Court in Regular Civil Suit No.870 of 2005 as well as the impugned judgment and order passed by learned Appellate Court in Regular Civil Appeal No.80 of 2009.
2. Today when the present Second Appeal is taken up for hearing, learned advocates appearing on behalf of the respective parties have stated at the bar that the parties have settled the dispute and learned advocate appearing on behalf of the appellants seeks permission to withdraw the present Second Appeal.
3. Under the circumstances, the present Second Appeal is dismissed as withdrawn. Notice is discharged.
In view of the dismissal of the main Second Appeal, no order in Civil Application No.15533 of 2010 and the same is also accordingly dismissed.
[M.R.SHAH,J] *dipti Top