IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH: NAGPUR SECOND APPEAL NO.237/2010 SAU. CHANCHALABAI JINDANI & ORS ..VS.. WARDHA NAGARI SAHAKARI ADHIKOSH BANK. Office Notes, Office Memoranda of Coram, Appearances, Court’s orders or directions and Registrar’s orders Court’s or judges Orders. CORAM: SMT. VASANTI A. NAIK, J. DATE: 27 /10 / 2010 Heard the learned counsel for the parties. It appears that the respondent no.1 bank had mortgaged the property of the appellant as the original borrower and respondent no.4 – guarantor had not paid the amount which was due and payable to the respondent no.1 bank. Shri N.R. Bhishikar the learned counsel for the respondent no.4 states that during the pendency of this second appeal, the respondent no.4 – guarantor has paid the entire amount to the bank and in such circumstances, it would be necessary for the bank to release the suit property from mortgage. Shri Ghate, the learned counsel for the respondent no.1 to 3 states that the bank has received the entire amount which was payable by the borrower and guarantors to the respondent no.1 bank and the bank has also released the suit property from mortgage and issued No Dues certificate in favour of respondent no.4. Shri Dharmadhikari, the learned counsel for the appellant states that, since the bank is not proceeding against the appellants or the suit property, in view of the statement made on behalf of the respondent no.1 to 3, the appellants seek permission to withdraw this appeal, as nothing survives in the same. Hence the appellants are allowed to withdraw the second appeal. The second appeal is disposed of as withdrawn . Permissible court fee may be refunded to the appellant as per rules. JUDGE SMP.