FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5555 OF 2007 IN FIRST APPEAL STAMP NO.26831 OF 2005 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Prothonotary’s : orders. : -----------------------------------:------------------------------------- Mr.S.S.Deshmukh for the applicant. CORAM: R.M.SAVANT, J. CORAM: R.M.SAVANT, J. CORAM: R.M.SAVANT, J. DATED: 31ST JULY, 2008 DATED: 31ST JULY, 2008 DATED: 31ST JULY, 2008 P.C.: . By the above civil application, the applicant/appellant seeks withdrawal of the amount of Rs.25,000/- deposited by the appellant in this court. The said amount was deposited by the applicant/appellant pursuant to the order passed in the civil application for condonation of delay which was filed by the applicant/appellant. It appears that on account of non removal of office objections the said civil application for condonation of delay came to be dismissed for non prosecution resultantly the appeal which was belatedly filed did not survive in the eyes of law. However, it appears that the parties were negotiating a settlement. In the execution proceedings filed by the claimant being Motor Accident Darkhast No.67 of 2002, the parties have arrived at a settlement pursuant to which an amount of Rs.1,54,800/- has been paid by the applicant to the claimants. In view of the said settlement the applicants by the above application seek withdrawal of the said amount of Rs.25,000/-. The applicant relies upon the purshis dated 21.6.2008 filed by Shri P.M.Ghule Patil on behalf of the claimants, in which purshis it has been stated that the said Darkhast proceedings may be disposed of in view of the fact that the claimants have received the entire amount. The applicant also relies upon the order passed by the tribunal dated 21.6.2008 whereby accepting the said purshis the said Darkhast proceedings are disposed of. The said purshis and the order dated 21.6.2008 passed by the tribunal are marked "X" and "Y" for identification. 2. In view of the said purshis dated 21.6.2008 and the order passed by the tribunal also dated 21.6.2008, in my view, there is no impediment in allowing the civil application in terms of prayer clause (a). Civil application is, accordingly, allowed in terms of prayer clause (a). (R.M.SAVANT, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.)