Gajendra v. Santosh

 F.A. NO. 81 OF 1987
 F.A. NO. 81 OF 1987 = MISC. CASE NO. 99 OF 2017

&

 F.A. NO. 82 OF 1987 = MISC. CASE NO. 100 OF 2017

 80. 21.11.2017 The plaintiff in Title Suit No. 92 of 1980 on the file of lear
ned Addl. Sub-Judge, Cuttack and the defendant no. 1 of Title Suit No. 37 of 1982 of the court
 of learned Addl. Sub-Judge, Cuttack had filed both these appeals questioning the common judgm
ent and decrees passed in the above noted two suits.

 In both the appeals, the present appellants have filed the petitions supported
 by the affidavits of appellants praying for withdrawal of the appeals and those have led to t
he registration of two Misc. Cases as indicated above.

 Learned counsel for the appellants, pressing the petitions already on record,
prays for withdrawal of the appeal. The appellant having died during pendency of the appeal, h
is legal representatives are pursuing these appeals as the substituted appellants.

 In view of the fact that the appellant seeks withdrawal appeals simpliciter an
d thus instead of challenging the common judgment and decrees as aforesaid, want to accept tho
se as passed, learned counsel for the respondents present do not wish to have any say in the m
atter.

 In view of the above, in allowing the Misc. Cases filed for withdrawal of the
first appeals, this Court dismisses the first appeal as withdrawn.