fa823.05 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 823 OF 2005 Kashinath Sitaram Joshi since deceased, through L.Rs. .. APPELLANT VERSUS Kamlabai Ratanlal Pandit & others .. RESPONDENTS Mr. Amol Gandhi, advocate for the appellant. Mr. Anand Bhandari, advocate for respondent no. 1. ===== CORAM :MRS MRIDULA BHATKAR, J. DATE :18 th OCTOBER, 2011 PER COURT : 1. A joint compromise purshis is filed by the appellant and the respondents. Respondent No. 1 has filed the suit for possession and it was decreed against the appellant and other three defendants. The suit property is collapsed and therefore, the parties have decided to compromise the matter. Appellant wants to withdraw this appeal and respondent no. 1 will not claim mesne profit from the appellant. 2. Both the parties are present. Contents in the purshis are confirmed fa823.05 2 from them. Compromise purshis is taken on record and marked “X”. Appeal is allowed to be withdrawn. 3. Withdrawal of the appeal is before admission, hence, appellant is entitled to refund, in accordance with rules. 4. Respondent No. 1 is allowed to withdraw the amount which is deposited by the appellant against use of the premises, as per the order passed by this court. 5. Pending civil application, if any, does not survive and stands disposed of. ( MRS MRIDULA BHATKAR) JUDGE dyb