: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.1058 OF 2004 Bhika Baburao Aware ... Appellant V/s. Bhika Bhaguji Shinde & Anr. ... Respondents Mr. Anilkumar K. Patil for the Appellant. Mr. J.N. Pawar for Respondent No.1. ALONGWITH CIVIL APPLICATION NO.1102 OF 2009 Bhika Bhaguji Shinde ... Applicant V/s. Bhika Baburao Aware & Anr. ... Respondents Mr. J.N. Pawar for the Applicant. Mr. Anilkumar K. Patil for Respondent No.1. CORAM: SMT. NISHITA MHATRE, J. DATED: 4 th AUGUST, 2009. P.C.: 1. Mentioned. Not on board. 2. The parties have settled the dispute out of court. The learned Advocate for the appellant states, on instructions from the appellant who : 2 : is present in court, that the appellant does not wish to press the Appeal. 3. Therefore, the Second Appeal is dismissed as withdrawn. 4. In view of the above, the Civil Application No.1102 of 2009 pending in the Second Appeal does not survive and the same is disposed of accordingly. .......