9. sast 15475-10 & ca 1979-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO. 15475 OF 2010 WITH CIVIL APPLICATION NO. 1979 OF 2010 WITH CIVIL APPLICATION NO. 1025 OF 2010 Mahananda Shankar Barvekar & Anr .. Appellants Vs Pushpalata Manohar Barvekear & Ors .. Respondents Mr. P.V. Dhopatkar for the Appellants Ms. Gauri Godse for Respondent Nos. 1 to 5 Ms. Anjali Uthale i/b Mr. S.S. Kulkarni for Respondent Nos 6 to 9 CORAM : GIRISH GODBOLE, J. DATE : 5th AUGST, 2011. P.C.: 1. Learned Advocate Shri. Dhopatkar has tendered a letter dated 5th August 2011 written by both the Appellants addressed to the Advocate requesting for unconditional withdrawal of the Appeal. The said letter is taken on record and marked "X" for identification. 2. Both the Appellants are present in the Court and have confirmed to have written the said letter. Ms. Godse and Ms. Uthale appearing for the Respondents do not oppose the unconditional withdrawal of the Second Appeal. Mr. Dhopatkar 1 9. sast 15475-10 & ca 1979-10.doc states that this withdrawal will be without prejudice to the right of the Appellants to object to the allotment of the portions of the suit properties which may be made during the course of execution proceedings and the withdrawal may not preclude the Appellants from the said right. 3. The request is reasonable. The Appeal is allowed to be unconditionally withdrawn subject to the right of the Appellants and to contest only the allocation of portions of suit properties which may be made during the execution proceedings. The Appellants will be entitled to refund of the Court Fees in accordance with the rules. 4. Needles to state that the aforesaid right to object to the allotment of the portions of the suit properties which may be made during the course of execution proceedings is also available to the respondents in case they are aggrieved by allocation of certain properties in the process of execution. 5. In view of disposal off the Appeal, Civil Application No. 1979 of 2010 and 1025 of 2010 do not survive and the same are disposed off accordingly. [ GIRISH GODBOLE, J ] 2 9. sast 15475-10 & ca 1979-10.doc 3