1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 164 OF 2009 Afzal Ahmed Pawaskar ... Appellant v/s Chandu Dawood Naik & ors. ... Respondents Ms.Jai V. Kanade for the appellant. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JULY, 2009 P.C.: 1. The learned advocate for the appellant seeks liberty to withdraw the appeal in view of the communication received from the appellant. The appellant has entered into consent terms with the respondent and therefore does not wish to continue with the appeal. 2. The consent terms and the communication dated 3.7.2009 of the appellant to his advocate are taken on record and marked “X” and “X-1” respectively for 2 identification. 3. Appeal stands dismissed as withdrawn. 4. Civil application No.654 of 2009 has become infructuous in view of the appeal having been withdrawn. Hence, Civil Application No.654 of 2009 stands dismissed as infructuous. ..... 3