: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1175 OF 2002 WITH CIVIL APPLICATION NO.1387 OF 2004 Shri Abubakar @ Zeruddin Suleman Mulla ..Appellant Versus Shri Ajay Ramling Kore & ors. .. ..Respondents Ms. P.S.Shinde for appellant Ms. Namrata Waghole h/f T.J.Ingle for respondent nos.1 & 3 CORAM : S.B.DESHMUKH, J. DATE : 25TH SEPTEMBER, 2006 P.C.: 1. Heard the learned advocate for appellant as well as for respondent nos.1 and 3. 2. The learned counsel appearing for Respondent NO.3 submits that according to her instructions, the Respondent no.3 died during the pendency of this appeal. : 2 : 3. The learned counsel for the appellant on instructions, submits, that the appellant and respondent nos.1 and 3 have settled the matter out of court and accordingly Pursis is already filed in Special Darkhast No.53 of 2002. Copy of the Pursis and Order passed by the Executing Court is filed on record. The said copy is marked as "X" and taken on record. 4. The advocate on behalf of the appellant seeks permission to withdraw this appeal. In this view of the matter, the appeal is dismissed as withdrawn with no order as to costs. 5. Interim/ad-interim relief passed by this court shall stands vacated. (S.B.Deshmukh,J.)