Arvind Singh Chandel, J
1. Shri Vimlesh Bajpai, Learned Counsel appearing for the Applicant submits that in Second Appeal No.129 of 2004 an out of Court settlement had
taken place between the parties and a compromise petition was filed by them on 26.7.2016. On this ground, on 9.1.2018, Second Appeal No.129 of
2004 was dismissed as withdrawn on the submission made by the Applicant/Appellant that he does not want to press the appeal. Now, the
Applicant/Appellant wants and prays for modification in the order dated 9.1.2018 that the second appeal be dismissed as withdrawn because of the
aforesaid out of Court settlement.
2. The prayer is not opposed by the other side.
3. The M.C.C. is allowed.
4. Paragraphs 1 and 2 of the order dated 9.1.2018 passed in Second Appeal No.129 of 2004 are modified. Now, the following order be read in their
place:
1. Learned Counsel appearing for the Appellant submits that an out of Court settlement has taken place between the parties and a compromise
petition has been filed by them on 26.7.2016. He further submits that in view of the out of Court settlement between the parties, he wants to withdraw
the appeal.
2. Taking into consideration the above submission made by Learned Counsel for the Appellant, the appeal is dismissed as withdrawn.