1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 1329 OF 2009 WITH CIVIL APPLICATION NO. 5883 OF 2009 IN FIRST APPEAL NO. 1329 OF 2009 Avinash Ganpatrao Lokre ...Appellant Versus Laxmi Sandipan Shingate & others ...Respondents ..... Mr. Subhash V. Mundhe, advocate for the appellant Mr. V.S. Tanwade, advocate for respondent No. 6. ..... CORAM: R.G. KETKAR, J. DATED: 5TH NOVEMBER, 2009 PER COURT:- 1 Heard Shri Mundhe, learned counsel appearing for the appellant and Mr. V. S.Tanwade, learned counsel for respondent No.6. Mr. Mundhe, states that appellant and respondent Nos. 1 to 5 have settled the matter out of Court and in view of that settlement, he seeks permission to withdraw the appeal. 2 Counsel for the respondent No.6 has no objection for withdrawal of the appeal. Hence, appeal stands dismissed as withdrawn with no 2 order as to costs. 3. Office is directed to refund the amount of Rs.25,000/- deposited by the appellant, by way of statutory deposit, together with the amount of court fee, in accordance with law. 4 In view of dismissal of first appeal as withdrawn, civil application No. 5883 of 2009 does not survive and the same stands disposed of. (R.G.KETKAR, J.) rlj/