1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.605 OF 2009 WITH CIVIL APPLICATION ST.NO.2434 OF 2010 Mohd. Hussain s/o Mohd. Abdul Bagwan, since deceased, through L.Rs.: 1 Sk.Yunus s/o Sk.Hussain, age: 40 years, Occ: Business, R/o Bhukkalguda, Near Bane Miyan Dargah, Shahgunj, Aurangabad. 2 Sk.Ayub s/o Sk.Hussain, (died) 3 Sk.Anis s/o Sk.Hussain, age: 34 years, Occ: Business, R/o as above. 4 Sk.Javed s/o Sk.Hussain, age: 30 years, Occ: Business, R/o as above. Appellants Versus 1 Mohd. Sharif s/o Mohd. Siddique, age: 65 years, Occ: Editor, R/o Kali Masjid, City Chowk, Aurangabad. 2 Municipal Corporation, Aurangabad, through its Commissioner. Respondents Mr.S.V.Gangapurwala, advocate for appellants. Mr.V.D.Sonawane, advocate for Respondent No.2. 2 CORAM: R.M.BORDE, J. DATE : 27 th January, 2010. P.C.: 1 By filing Civil Application, appellants seek leave to withdraw the appeal in view of the settlement reached between the parties. 2 It is stated in the application that litigating parties have settled their dispute amicably out of Court and terms of settlement are recorded in the agreement annexed along with application. 3 In view of the agreement arrived at between the parties and considering the request made by appellants for grant of leave to withdraw the appeal, appellants are permitted to withdraw the appeal. Appeal is dismissed as withdrawn considering request made by appellants. In view of this, pending Civil Applications do not survive and stand disposed of. (R.M.BORDE) JUDGE ******* adb/sa60509