-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 261 OF 2009 IN FAMILY COURT APPEAL NO. 44 OF 2002 Milind Vitthal Kulkarni ... Applicant versus Mrs. Shubhangi Milind Kulkarni ..Respondent Mr. Amol Gatne, instructed by Mr. A.V. Anturkar for the applicant. None for the respondent. CORAM: P.B. MAJMUDAR & R.V. MORE, JJ. DATE: OCTOBER 15, 2009. P.C. Learned counsel for the applicant requested that the order passed by this Court dismissing the matter for default may be recalled and he may be allowed to withdraw the original appeal as the dispute between the parties is settled. The said appeal was dismissed for not complying with the conditional order. 2. Considering the facts and circumstances of the case, the Family Court Appeal No. 44 of 2002 is restored to file. Considering the submission of the learned counsel for the applicant that he may be permitted to withdraw the -2- same in view of the settlement between the parties, Family Court Appeal No. 44 of 2002 is dismissed as withdrawn. Civil Application is also accordingly disposed of. Filing of the affidavit in Civil Application is dispensed with. P. B. MAJMUDAR, J. R.V. MORE, J.