: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1847 OF 2009 Maharudra Manohar Sherekar ... Appellant V/s. Jatan Jethmal Khivsara & Ors. ... Respondents Mr.K.A. Chotani for Appellant Mr.N.P. Shimpi for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: APRIL 26, 2010 P.C.: 1. The learned advocate appearing for the appellant states that the parties have agreed to settle several disputes pending between themselves. In respect of the present appeal, he states, on instructions from the appellant who is present in Court, that the appellant agrees that plot No.44 which is the subject mater of the present appeal is owned and belongs to Respondent Nos.1 to 5 herein. He further mentions that the parties agree that plot No.45 is owned by Sou.Bhagyashri Takle, Shri Aanat Vinayak Joshi and the appellant herein. He states that respondent Nos.1 to 5 have already received possession of plot Nos.44 and possession of Plot No.45 has been handed over to Sou.Bhagyashri Takle, Shri Aanant Vinayak Joshi and the appellant herein. According to the learned advocate, the sale deeds have already been executed. : 2 : 2. Parties agree that they will file consent terms before the Executing Court incorporating the aforesaid terms. The statements made by the learned advocate for the appellant are confirmed by the learned advocate for the respondents. 3. In view of the aforesaid, the learned advocate for the appellant seeks leave to withdraw the appeal. 4. First Appeal is accordingly allowed to be withdrawn and disposed of as such. 5. In view of the above, civil application No.4711 of 2009 does not survive and the same is disposed of accordingly.