2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 93 OF 2006 WITH CIVIL APPLICATION NO. 1386 OF 2006 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Adv. Shri S.P. Shah h/f. Adv. Shri P.S. Shendurnikar for the appellant and Adv. Shri Pawan Pawar h/f. Adv. Shri S.P. Brahme for the respondents except respondent No.2. Adv. Shri S.P. Shah wants to withdraw this appeal with liberty to file separate suit in respect of the properties which are not included in the suit and also for partition amongst legal representatives of original plaintiff - Ramdas. The original suit was filed by deceased Ramdas - father of present appellant against his mother Mandodarabai and sisters who are respondent Nos. 2 to 5. Present appellant was respondent No.6. Only relief asked against the appellant is that of injunction as he was 2 interfering in the possession of Ramdas. In view of this, this appeal is allowed to be withdrawn with liberty to the appellant to file separate suit for partition and separate possession in respect of the properties which are not included in the present suit and also for partition amongst legal representatives of deceased - Ramdas. With aforesaid liberty the Second Appeal is disposed of as withdrawn. 2. In view of disposal of this Second Appeal, Civil Application No. 1386 of 2006 does not survive. The Civil Application stands disposed of. Date : 16.07.2009 [P.R. BORKAR,J.] snk/2009/JUL09/sa93.06