1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10295 OF 2009 IN FIRST APPEAL NO. 1584 OF 2008 1. Moreshwar Sahakari Griha Nirman Sanstha Maryadit, Garkheda and others.. .. Applicants Versus 1. Shaikh Hasan S/o Sk. Abdul Patel and others .. .. Respondents Shri S. V. Gangapurwala, Advocate for the Applicants. Shri S. W. Mundhe, Advocate for the Respondent No. 1 to 12. Shri Zeeshan Zaidi, Advocate h/f Shri S. N. Pagare, Advocate for the Respondent No. 13. Shri B. V. Wagh, A.G.P. for the Respondent No. 14. CORAM : B. R. GAVAI, AND N. D. DESHPANDE, JJ. DATE : 14TH OCTOBER, 2009. ORAL ORDER [Per B. R. Gavai, J. ] : 1. By way of present application the applicants are seeking withdrawal of the first appeal and for refund of court fees in accordance of the Rules. 2. It is stated by Shri Gangapurwala, the learned counsel appearing on behalf of applicants that, the parties have settled the 2 matter between themselves out side the Court and as such, the appellants do not wish to prosecute the present appeal. All the appellants who have been identified by Shri Gangapurwala are personally present in the Court. They also reiterated that, they do not want to prosecute the appeal. Since the appellants do not wish to prosecute the appeal, same is therefore, allowed to be withdrawn. Application is therefore, allowed. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/Oct. 09