(1.) Both counsel present. Memo has been filed by the appellant's counsel informing that he had been instructed to withdraw the second appeal by the appellant and accordingly, prays the Court to dismiss the second appeal as withdrawn.
(2.) The memo is taken on record.
(3.) However, the counsel for the respondents 1 & 2 contended that he is opposing the abovesaid memo on the footing that the preliminary decree passed by the Courts below is required to be modified in the light of the decision of the Apex Court reported in ( Vineeta Sharma Vs. Rakesh Sharma , 2020 5 CTC 302) and also would state that he has filed a memo pointing to the same and only after coming to know of the abovesaid fact, the appellant's counsel has filed the memo seeking permission to withdraw the second appeal.