ORDER :

SREENIVAS HARISH KUMAR, J.

ORDERS ON MEMO OF WITHDRAWAL OF THE APPEAL AND I.A. NO. 1/2020

The appellants’ counsel has filed a memo seeking permission to withdraw the appeal. The memo states that the appeal has become infructuous as final decree passed in the suit has already been executed by respondent No.1.

2. Respondent No.1 has got filed an application under Section 151 r/w Order 41 Rule 33 of CPC seeking modification of the share granted to her in the preliminary decree, she seeks enhancement of her share to 1/5th in the suit properties. In the affidavit subjoined with the application, the first respondent has stated that in the suit O.S. No. 201/2001 filed by her for partition and separate possession, she was granted 4/40th share in the suit properties and the preliminary decree drawn to that effect was challenged by the defendants by filing R.F.A. No. 3025/2010 before this court. This appeal was dismissed on 16.11.2005. Then she initiated proceedings for drawing up of final decree, i.e., F.D.P No. 15/2011; final decree was also drawn on 18.07.2017 and now this appeal is against the final decree. She has stated that in view of the judgment of the Supreme Court in Civil App