1 APP (L) 362 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.362 OF 2010 IN NOTICE OF MOTION NO.3656 OF 2009 IN SUIT NO.72 OF 2005 Devidas Maruti Suryavanshi ..... Appellant V/s. Smt.Sayabai Maruti Suryavanshi and Ors. ..... Respondents Mr.P.B.Kakade, for the appellant Mr.M.R.Suryavanshi, for respondent Nos.1 to 3. Mr.N.R.Prajapati, for respondent No.4. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 06th OCTOBER, 2010 P.C. 1. The learned counsel for the appellant states that application for restoration of the suit is pending before the learned Single Judge and moment the suit is restored, consent terms will be filed. He seeks leave of the Court to withdraw the appeal in view of the subsequent developments. It will be open to the appellant to request the learned Single Judge to restore the suit and in case, the suit is restored, consent terms can be filed in the suit. 2. The learned counsel for the appellant states that appellant is ready to file consent terms and he is making this statement after taking 2 APP (L) 362 of 2010 instructions from his client namely Devidas Suryavanshi, who according to him is present in the Court. It is clarified that in case the suit is not restored, the respondents can execute the order within a period of two weeks from today. 3. The appeal is accordingly disposed of as withdrawn. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )