1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.286 OF 2009 WITH CIVIL APPLICATION NO.4388 OF 2009 Mohd. Sardar s/o Mohd. Umar (Died) Through L.Rs. 1. Mohd. Shakil Mohd. Sardar, R/o. Gulmohar Colony, Sailu, and others. .. Appellants Versus Rafiq Ahmed s/o Abdul Razzak, R/o. Suraj Mohalla, Sailu, Tq. Sailu, Dist.Parbhani. .. Respondent ... Mr. Anup R. Nikam, Advocate for the appellants. Mr. Uday D. Dalvi,Advocate holding for Mr. Mujtaba Gulam Mustafa, Advocate for respondent. ... CORAM : K.K. TATED, J. DATE : 7th JULY, 2009. PER COURT : 1. Heard learned Counsel for the appellants and for respondent. 2. Present Second Appeal is filed by the 2 original plaintiff against the judgment and decree dated 14-01-2009 passed by the Principal District Judge, Parbhani in R.C.A. No. 89/2004 arising out of the judgment and decree dated 06-07-2001 passed by the Civil Judge, J.D. Sailu in R.C.S. No. 46/1999. The appellate Court remanded the matter to the lower Court for fresh hearing. 3. The learned Counsel appearing on behalf of the appellants filed a pursis dated 07-07-2009 permitting the appellants to convert Second Appeal into Appeal from Order. Said pursis is taken on record and marked as "X" for identification. In stead of allowing to convert the Second Appeal in Appeal from Order, the appellants are allowed to withdraw the present Second Appeal and to file appropriate proceedings. Second Appeal is disposed of accordingly. 4. In view of the order passed in present 3 Second Appeal, nothing survives in the Civil Application and the same is rejected. 5. It is needless to say that the appellants are entitled to take benefit of Section 14 of the Limitation Act. The appellants are entitled refund of court fees according to rules. [ K.K. TATED, J.] sut/JUL09/sa286.09