THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Dated this the 11th day of March, 2010. SECOND APPEAL No. 1040 of 2004. JUDGEMENT: It is represented by the learned Counsel for the appellant that the parties have settled the subject matter of this appeal outside the court vide settlement deed dt. 16.2.2010 and in view of the same, the learned Counsel seeks to withdraw the appeal. Accordingly, the appeal is dismissed as withdrawn. There shall be no order as to costs. ___________________________ VILAS V. AFZULPURKAR,J 11.03.2010. kbr. THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR SECOND APPEAL No. 1040 of 2004. Dated this the 11th day of March, 2010.