1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD NOT ON BOARD SECOND APPEAL NO. 374 OF 1998 Burhanbhai Peer Mohammed & Anr. Appellants V E R S U S Ramkishan Chhagan Devidan-died-through LRs & Ors. Respondents Shri S.P. Shah, Adv, h/f Shri P.M. Shah, Advocate for the appellants Shri A.P. Bhandari, Advocate for the respondents CORAM : A.V. NIRGUDE, J. DATED : 26th July, 2011 ORAL ORDER : 1. Heard. 2. The appellants are withdrawing the appeal and the respondents are giving up their right of mesne profits, which are granted to them vide the impugned Judgment and order. The learned Advocate Shri A.P. Bhandari for the respondents stated so, and, he said, he is making this statement after receiving due instructions to that effect. The appeal is allowed to be withdrawn with a rider that the respondents shall not be entitled to claim mesne profits as granted by the impugned Judgment and order. A pursis in writing signed by both the appellants is taken on record. In view of above, second appeal is dismissed as withdrawn. 3. In view of disposal of the second appeal, the Civil Application Nos. 6073 of 1998 and 18306 of 2010 stand disposed of. ( A.V. NIRGUDE, J. ) SRM/ 2