1 FA 676.2001 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 676 OF 2001 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.A.Darak, Advocate for the appellant. Mr. S.R.Deshpande, Advocate for respondent. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 05/05/2011 PER COURT : 1. The respondent in the present Appeal has filed pursis stating that there is settlement out of the Court and the respondent would retain an amount of Rs. 50,000/- withdrawn by him and the respondent has no objection if the appellant is allowed to withdrawn Rs. 75,000/- kept in the Fixed Deposit with accrued interest. 2. Mr. Deshpande, the learned counsel for the respondent does not dispute this position. Mr. Darak, the learned counsel for the appellant on 2 FA 676.2001 instructions of the appellant seeks leave to withdraw the Appeal. 3. The First Appeal accordingly is dismissed as withdrawn. The amount of Rs. 75,000/- kept in the Fixed Deposit is allowed to be withdrawn by the appellant along with accrued interest. The Court fees as per rules be refunded. 4. In view of dismissal of First Appeal, the Civil Application does not survive and is dismissed. [ S.V. GANGAPURWALA,J. ] KNP/FA 676.2001