1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2645 OF 2009 IN SECOND APPEAL NO. 709 OF 2007 Umakantappa S/o Gopinathappa Faske.. .. Applicant Versus M/s Madhav Shankarrappa Walekar .. .. Respondent Shri N. E. Deshmukh, Advocate h/f Shri S. B. Talekar, Advocate for the Applicant. Shri V. S. Bedre, Advocate for the Respondent. CORAM : N. D. DESHPANDE, J. DATE : 30TH NOVEMBER, 2009. ORAL ORDER : 1. Heard Shri Deshmukh, learned counsel for the applicant who is respondent, apprised me certain facts of this second appeal, which was dismissed in default. It is also informed that there is an interim relief i. e. grant of stay which is operating against him. As such, the Court was already pleased to fix the second appeal for final hearing after admission. In that view of the matter, appeal to proceed further. 2 2. In the light of earlier directions nothing survives in the application for vacating the interim relief. Therefore, Shri Deshmukh, learned counsel for the applicant requests for withdrawal of the application. The request is allowed since the application is not pressed. The application is disposed of as withdrawn. In the light of above directions fix the matter for final hearing after winter vacation. [ N. D. DESHPANDE, J.] bsb/Nov.09