1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO.13/2009 WITH CA NO.1292/2009. (Vasant Wani Vs. M/s Babu Lotu Company, Dhule.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SP Shah, Advocate for the appellant; Mr.SI Nandode, Advocate for Respondent. ___ CORAM : K.U.CHANDIWAL, J. DATE : 1 st February, 2010. ... 1) Heard. 2) After extensively arguing the matter, both Counsel inform that the suit being Special Civil Suit No.90/1984, after its remand by the learned District Judge, is decreed by the learned Civil Judge, Senior Division, Dhule. In this scenario of the matter, the points raised by the present appellant (original defendant) can legitimately be addressed in the First Appeal intended to be preferred by present appellant, challenging the judgment of learned CJSD, Dhule. Consequently, the present 2 Appeal from Order is allowed to be withdrawn with above liberty. No costs. 3) This Court has not expressed any opinion on merits of the matter. 4) CA also disposed of. (K.U.CHANDIWAL) JUDGE bdv/AO13.09