Judgment :- N.K. PATIL, J. 1. This is a defendant’s appeal, being aggrieved by the impugned Judgment and Decree dated 20.09.2006 passed in O.S.264/1998 on the file of the Principal Civil Judge (Sr.Dn), Bidar. 2. We have heard the learned Addl. Government Advocate appearing for the appellants and the learned counsel appearing for the respondent on 30.08.2010, 31.08.2010 and 02.09.2010 at a considerable length of time. 3. During the course of the submission, the learned counsel appearing for the respondent/plaintiff Sri. Ameet Kumar Deshpande on instructions from the respondent/plaintiff who were present before the court on 02.09.2010, sought time till today i.e., 03.09.2010. When the matter is taken up for consideration, during the course of the submission, the learned counsel appearing for the respondent/plaintiff Sri. Ameet Kumar Deshpande has filed an application under Order 23 Rule 1 read with Section 151 of CPC stating that, the respondent/plaintiff after through the averments made in the miscellaneous civil application No.154293/2010 filed by the appellants through learned Addl. Government Advocate and producing several documents and after taking legal advise, came to know the serious consequences of the matter. The respondent/plaintiff requested the learned counsel for the respondent Sri. Ameet Kumar Deshpande to file necessary miscellaneous civil application No.154352/2010 seeking withdrawal of original suit and also the objections filed to the miscellaneous civil application No.154293/2010 filed by the appellants, seeking sincere apology having regard to the future of the respondent, who is none other than the Government employee working in the District Treasury, Yadgir. Therefore he submitted that, O.S.264/98 filed by the respondent/plaintiff on the file of the Principal Civil Judge (Sr.Dn), Bidar and also objection filed to the miscellaneous civil application filed as referred above by the appellants may be dismissed as withdrawn. 4. We have heard the learned counsel appearing for the appellants and the respondent. The respondent/plaintiff was present before the court personally on 02.09.2010 and also on 03.09.2010 and he has duly signed the office notes i.e., order sheet maintained in this appeal. The statement made in paras 2 and 3 of the affidavit dated 03.09.2010 by the respondent/plaintiff filed along with the accompanying application reads thus: Para2:-“I was not aware of the acquisition proceedings taken up by the appellant in respect of the suit property, when I had filed the suit. The statement made in paras 2 and 3 of the affidavit dated 03.09.2010 by the respondent/plaintiff filed along with the accompanying application reads thus: Para2:-“I was not aware of the acquisition proceedings taken up by the appellant in respect of the suit property, when I had filed the suit. The appellant herein has filed an application for permission to produce documents as per the list in the form of additional evidence. Along with the said application, the relevant documents pertaining to the acquisition of the suit property are also produced. I had filed objections to the said application. Para 3: -I submit that in the light of the application and the documents produced along with the application as additional evidence, I seek to permit me to withdraw the suit filed by me and seek sincere apology. In the light of this prayer. I also pray this Hon’ble Court to permit me to withdraw the objections filed by me to the application for permission to produce documents as additional evidence”. 5. In the light of the facts and circumstances of the case as stated supra and in the light of the submission made in paras 2 and 3 of the affidavit dated 03.09.2010, produced along with the application and for the reasons stated therein, the respondent/plaintiff is permitted to withdraw O.S.264/98 on the file of the Principal Civil Judge (Sr.Dn), Bidar and also the objection filed by the respondent on 02.09.2010 to the miscellaneous civil application 154352/2010 is also permitted to be withdrawn at the risk of the plaintiff/respondent and the learned counsel appearing for the respondent/plaintiff Sri. Ameet Kumar Deshpande. Liberty is reserved to the appellants herein to take appropriate decision in accordance with law against the respondent/plaintiff, if so advised or need arises, subject to the condition that, the respondent/plaintiff shall deposit cost of Rs. 10,000/-within a period of two days on or before 07.09.2010 to the High Court Legal Services Committee and file a memo for having deposited Rs.10,000/-cost before the registry and also before the court officer. 6. The assistance of the learned Addl. Government Advocate Sri. Shivakumar Tengli, appearing for the appellants is placed on record in appreciation of his services.