IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.147 OF 2004 Laldesaheb Shah Ahmed Sayyad & Ors. ...Appellants V/s. Abdul Rahim Nabilal Sayyad & Ors. ...Respondents ...... Mr.T.D.Deshmukh for Appellants. Mr.I.M.Khairdi for Respondent No.3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 20, 2009. MARCH 20, 2009. MARCH 20, 2009. P.C. 1. This Appeal is already dismissed for non-prosecution in terms of conditional order dated 24th July 2006. However, in view of the settlement arrived at between the parties, it is agreed that the Appeal be restored to the file and thereafter allowed to be withdrawn unconditionally. 2. In the circumstances, although the subject Second Appeal is not assigned to me, by consent of parties, it is heard along with Writ Petition : 2 : No.6602/2008 which is listed today. 3. The final orders on the said Writ Petition have been deferred because of agreement between the parties that the Second Appeal be restored and disposed of as allowed to be withdrawn. Accordingly, the Second Appeal is taken on Board. The same is restored by consent of the parties by recalling order dated 24th July 2006. Instead, the Second Appeal is disposed of as withdrawn. A.M.KHANWILKAR, J.