1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Second Appeal No.199/2009 [Kondabai C. Astarkar and others .vrs. Tukaram S. Kumbhar and others] ..................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... Mr. S.R. Deshpande, Advocate for appellants, Mr. N.R. Saboo, Advocate for respondents. ......... CORAM : P.D. KODE, J. DATE : MARCH 26, 2010. CAS No.227/2010 Heard. By present application the appellants/original defendants in RCS No.58/1991 of the Court of Civil Judge, Junior Division, Risod has prayed for withdrawal of appeal preferred by them against the judgment and decree passed on 6.4.2009 in RCA No.74/2006 preferred by respondents/original plaintiffs against dismissal of suit and allowed by said judgment. The learned counsel for the appellants has urged that in view of settlement arrived in between parties, he has instructions to withdraw the appeal. The 2 learned counsel for respondent has urged that he has no instructions about the matter stated in the application annexed with the application purported to arrival of settlement in between the parties. The learned counsel for respondents has stated that he has no objection for permitting appellants to withdraw appeal at his risk. In the aforesaid circumstances and since parties to settlement being not kept present before the court, it is difficult to ascertain correctness of the same. However, withdrawal being choice of parties and the request for withdrawal being not objected by respondents/original plaintiffs, the application is allowed. As a consequent thereto, Second Appeal No.199/2009 is marked disposed of as withdrawn. In the aforesaid, there would be no order as to costs. Interim order, if any, stands vacated. JUDGE Gulande