1 FARHAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 4173 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. H.V. Tungar, Advocate h/f. Shri. C.R. Deshpande, Advocate for appellant. Shri. K.B. Jadhav Advocate h/f. Shri. S.B. Bhapkar for respondents CORAM: R.K. DESHPANDE, J. DATED: 9th October 2009. P.C.: 1. Shri. H.V. Tungar Advocate holding for Shri. C.R. Deshpande has filed a pursis stating that the instant matter has been compromised out of the Court and the parties have prepared some partition deed/ memorandum which has been presented in the Court of Latur. The learned counsel appearing for the appellant states that today the appellant is personally present in the Court. The said said puris dated 9.10.2009 is taken on record and marked as "X" for identification. 2. Shri. K.B. Jadhav Advocate holding for Shri. S.B. Bhapkar appears for respondents. He does not dispute the position. 2 3. In view of the aforesaid pursis, the applicant is permitted to withdraw the instant appeal. There shall be, however, no order as to costs. The appellant shall be entitled to refund of the Court fees in accordance with the rules. [R.K. DESHPANDE, J.] ssc/fa4173.08