:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 710 OF 1994 APPEAL NO. 710 OF 1994 APPEAL NO. 710 OF 1994 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.3423 OF 1994 APPLICATION NO.3423 OF 1994 APPLICATION NO.3423 OF 1994 State Bank of India ..Appellant V/s Dynoba Vithal Kadam & Ors. ..Respondents. Ms Kajal c. Rajputra i/b M/s Little &Co. for the appellant. Ms N.G. Trivedi for respondents. CORAM CORAM CORAM : J.N. PATEL AND : J.N. PATEL AND : J.N. PATEL AND A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 21ST SEPTEMBER, 2007 : 21ST SEPTEMBER, 2007 : 21ST SEPTEMBER, 2007 P.C. 1. The learned Counsel appearing for the Appellant-Bank states that the subject matter of the appeal is settled out of Court and therefore, the appellant wants to withdraw the appeal. Permitted to withdraw the appeal. The appeal is disposed of as withdrawn. 2. The appellant shall be entitled to refund of Court fees as per rules. 3. In view of the fact that the appeal is :2: disposed of as withdrawn, the civil application does not survive and stands disposed of. ( J.N.PATEL, J.) J.N.PATEL, J.) J.N.PATEL, J.) ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)