- 1 - IN THE HIGH COURT OF JUDICATURE AT THE HIGH COURT OF JUDICATURE AT THE HIGH COURT OF JUDICATURE AT BOMBAY BOMBAY BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION SECOND SECOND SECOND APPEAL No.854 OF APPEAL No.854 OF APPEAL No.854 OF 2003 Dattatraya Dattatraya Dattatraya B. Thorat B. Thorat B. Thorat .... .... .... Appellant Appellant Appellant Vs. Vs. Vs. Nabhiraj Nabhiraj Nabhiraj B. Nawale B. Nawale B. Nawale ......... Respondent Respondent Respondent Mr. R. V. More, advocate for appellant. CORAM CORAM CORAM : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. : Dr. S. RADHAKRISHNAN, J. DATE DATE DATE : JUNE 20, 2006. : JUNE 20, 2006. : JUNE 20, 2006. P.C. P.C. P.C. . Not on board. Upon mentioning taken on board. 2. Heard the learned counsel for the appellant and the respondent. The learned counsel for appellant states that the matter has been settled out of court. The learned counsel for appellant seeks leave to withdraw the appeal. A communication to that effect dated 19-6-2006 is taken on record. Appeal is allowed to be withdrawn. 2. permissible court fee refund be given to the appellants. [ Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.] Dr. S. RADHAKRISHNAN, J.]