1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 801 OF 2005 IN SECOND APPEAL NO. 446 OF 2005 WITH SECOND APPEAL NO. 446 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Mahesh Rawool i/b P.B.Shah for the applicant/appellant. Mr.Ashwin Hon for Mr Sandeep Marne, for respondent no.2. CORAM : D.B.BHOSALE,J. DATE : 01/12/2010. PC: Heard Mr Rawool, learned counsel for the applicant/appellant and Mr Marne, learned counsel for respondent no.2.. On 22.6.2006, following statement of learned Advocate for the respondent was recorded. "The learned Advocate for the respondent submits that as per his instruction the matter is settled out of court. The learned Advocate for the applicant submits that he has no instructions in that behalf. The learned Advocate for the appellant to make statement in this behalf on next date.” T 2 Even today, learned counsel for the applicant/appellant is not in a position to make any statement in respect of the settlement. Learned counsel for the respondents once again confirms that the matter is settled out of court and, according to him, in pursuance thereof, a sale deed has also been executed in respect of the suit property. In view thereof, I do not find any reason to keep this matter pending any further and it is disposed of as settled out of court. It is open to the appellant to move the court for restoration of the appeal if the statement made by the learned counsel for the respondent in respect of the settlement is not correct within a period of four weeks from today. The civil application as well as the Second Appeal stand disposed of. (D.B.BHOSALE,J.)