IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. SECOND SECOND SECOND APPEAL NO.431 OF 2004. APPEAL NO.431 OF 2004. APPEAL NO.431 OF 2004. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri V.S.Talkute for the Appellants. Shri Kailash Sawant h/f Shri Uday Warunjikar for the Respondent Nos.1 to 3. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 05th February, 2008. : 05th February, 2008. : 05th February, 2008. P.C.: P.C.: P.C.: 1. This Second Appeal was adjourned repeatedly for settlement. The advocate for appellants states that the parties have arrived at settlement. However, he has not received any specific instructions from the appellants to withdraw the appeal. In view of this statement, the appeal is dismissed for non prosecution. In the event the dispute is not settled, liberty to apply for restoration of this appeal. Judge. Judge. Judge.