1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 107 OF 1998 with FIRST APPEAL NO. 1695 OF 1996 Nago Undrya Buud ... Appellant (Orig. Plaintiff) Vs. M/s. NarottamnagarCo-op. Farming Society Ltd. Respondents (Og.Defendants) In F.A. No.107 of 1998 Mr Rohan Darandale i/b. Rajesh S. Datar,Advocate, for the appellant. Mr. K.S.Dewal,Advocate, for the respondents. In F.A.No.1695 of 1996 Mr. K.S.Dewal, Advocate, for the respondents. CORAM: J.H.BHATIA,J. DATE: 30th July, 2009. P.C. 1. The learned Counsel for the appellant, on instructions from the appellant seeks to withdraw the First Appeal No.107 of 1998. The Appeal stands dismissed as withdrawn. 2. The learned Counsel states that he has no instructions to withdraw 2 the corrected appeal, being F.A. No.1695 of 1996. First Appeal No.107 of 1998 was filed before this Court against dismissal of the suit, while Regular Civil Appeal No.303 of 1996 was filed before the District Court against the order allowing counter-claim. Both the appeals were from the same order. The Regular Civil Appeal was withdrawn from the District Court and registered as First Appeal No.1695 of 1996. 3. Taking into consideration the facts and circumstances in the dispute, after withdrawal of Appeal No.107 of 1998, nothing remains in First Appeal No.1695 of 1996. Therefore, First Appeal No.1795 of 1996 stands dismissed as infrcutruous. 4. As both the Appeals are disposed of, C.A. No.1015 of 1998 does not survive and stands disposed of. (J.H.BHATIA,J.)