1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.664 OF 1994 WITH CIVIL APPLICATION NO.1240 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.S.A.Sawant with Sachin Kadam for the appellant/applicant. Mr.P.B.Gujar i/b R.A.Thorat for respondent nos.2A to 2C, 3 and 4. Mr.Bapu Waman Pawar – respondent no.1 present. CORAM : D.B.BHOSALE, J. DATED : 08/10/2010 PC: 1. Mr.Sawant, learned counsel for the appellant/applicant, on instructions, from his client prays for withdrawal of this appeal and is seeking direction to the executing court to complete the execution expeditiously. Mr.Sawant submits that the appellant is prepared to accept 1/8th share and mesne profit as per the judgment and order dated 26.10.1993 passed by Additional District S 2 Judge, Malegaon District Nashik. The appeal is disposed of as withdrawn. 2. The Civil Judge, Junior Division, Malegaon before whom Regular Darkhast No.28 of 2009 is pending shall endeavour to dispose it of as expeditiously as possible and preferrably within a period of three months from the date of receipt of this order. Bapu Waman Pawar – respondent no.1-A, who is present in the court, states that he will handover possession of the appellant’s share within the time stipulated by the executing court. His statement is accepted. The appeal is, accordingly, disposed of. Consequently, civil application is also disposed of. (D.B.BHOSALE, J.)