1 FA 987.2002 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 987 OF 2002 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.B.A.Darak, Advocate for the appellant. Mr. S.R.Deshpande, Advocate for respondent. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 05/05/2011 PER COURT : 1. The respondent in the present Appeal has filed pursis intimating settlement out of the Court. Mr. Darak, the learned counsel on instructions of the appellant seeks leave to withdraw the Appeal. The said pursis filed by the respondent is taken on record and marked ‘ X ’ for identification. Mr. Deshpande, the learned counsel for the respondent states that Rs. 50,000/- which is lying in the Court be allowed to be withdrawn by the appellant and the amount of Rs. 50,000/- which is withdrawn by the respondents is agreed to be retained by them. 2 FA 987.2002 Mr. Darak, the learned counsel does not dispute this position. 2. In light of the above, the First Appeal is dismissed as withdrawn. The amount of Rs. 50,000/- lying with this Court is allowed to be withdrawn by the appellant along with accrued interest. The Court fees be refunded as per rules. 3. In view of dismissal of First Appeal, the Civil Application does not survive and is dismissed. [ S.V. GANGAPURWALA,J. ] KNP/FA 987.2002