( 1 ) THIS appeal is filed against the judgment and decree in O. S. No. 33 of 1991 on the file of the Court of the Senior Civil Judge, cuddapah. The appellant is the third defendant. While the appeal is pending, he filed an application being C. M. P. No. 12743 of 2000 praying this Court to dismiss the appeal as not pressed. In the affidavit accompanying the C. M. P. , he stated that due to personal reasons, the appellant does not want to prosecute the appeal.

( 2 ) THE second respondent herein who is the first defendant in O. S. No. 33 of 1991 filed CMP. No. 12986 of 2000 under order 23 Rule 1-A read with Section 151 of the Code of Civil Procedure, 1908 ( cpc for brevity) praying this Court to transpose him as appellant in the place of the original appellant. When C. M. P. No. 12743 of 2000 filed by the appellant came up before me, the learned Counsel for the second respondent/first defendant objected for dismissing the appeal as not pressed and requested that the application filed by the second respondent being C. M. P. No. 12986 of 2000 may be taken up for hearing and disposal. Accordingly, I have heard the learned Counsel for the second respondent.

( 3 ) THE appe