1 S.A. 127/2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 127/2011 WITH CIVIL APPLICATION NO. 3676/2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : S.S. SHINDE, J. DATED : 7th December, 2011. Mr. S.R. Bagal, Advocate for the appellants. Mr. P.N. Kalani, Advocate for respondents No.1 to 3. 1. Heard learned counsel appearing for the appellants. Learned counsel appearing for the appellants seeks permission to withdraw second appeal with liberty to file appropriate application for equitable relief before the executing Court. 2. Learned counsel appearing for respondents vehemently opposed this prayer on the ground that the executing Court held against appellant, and therefore, this Court may not interfere in the impugned judgment and order. 3. Upon hearing the counsel appearing for parties, in the interest of justice, I feel it appropriate that on the prayer of the counsel for the appellants, second appeal can be allowed to be withdrawn with liberty to 2 S.A. 127/2011 appellants to file appropriate application for equitable relief before executing Court. Second appeal is dismissed as withdrawn with liberty to the appellants to file application for equitable relief before executing Court. Civil application No. 3676/2011 disposed of. [S.S. SHINDE,J.] ts k/Dec.2011/7th/sa127.11