SADHULAL SHRIKISHAN Vs. SHRI RADHESHYAM BANSAL

JUDGEMENT

(1.) By this order the application for dismissal of appeal, filed by the respondent, dated 22-11-2011 is being decided. The instant appeal has been filed by the plaintiff/appellant on 19-11-2007 challenging the impugned judgment and decree dated 10-8-2007, passed by the 9th Additional District Judge (FTC), Raipur in Civil Suit No. 8-13/2004 (M/s Sadhu Lal Shri Kishan Vs. Shri Radheshyam Bansal), dismissing the suit.

(2.) During the pendency of the appeal an application dated 23-4-2010 (I.A. No. 1) was filed by the appellant for withdrawal of the appeal. Thereafter, during the pendency of the appeal and the application (I.A. No. 1). a subsequent application dated 26-4-2010 (I.A. No. 2) was filed by the appellant for withdrawal of the application dated 23-4-2010, which was filed for withdrawal of the appeal.

(3.) The respondent has filed the instant application for dismissal of the appeal on the ground that the application (I.A. No. 1) for withdrawal of the appeal was filed by the appellant on 23-4-2010 and the appellant should not have been permitted to withdraw the application for withdrawal of the appeal subsequently, by filing another application (I.A. No. 2), dated 26-4-2010 for withdrawal of the I.A. No. 1, i.e., application for withdrawal of appeal, because by filing the I.A. No. 1 the appeal should be deemed to have been withdrawn.