1 S.A.NO.890.05 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 890 OF 2005 Anandrao S/o Atmarao Tode ... Appellant V E R S U S Vatsalabai W/o Rustum Kapate ... Respondent WITH CIVIL APPLICATION NO.5719 OF 2005 IN SECOND APPEAL NO. 890 OF 2005 Anandrao S/o Atmarao Tode ... Appellant V E R S U S Vatsalabai W/o Rustum Kapate ... Respondent ... None present for appellant and respondent. ... CORAM : A.V. NIRGUDE, J. DATED : 3rd FEBRUARY, 2010 PER COURT 1] None present for the parties. 2] The Second Appeal stands dismissed for want of prosecution. Consequently, the Civil Application No. 5719 of 2005 also stands disposed of. LATERON - AT 2:30 PM.: 3] Mr. A.N.Irpatgire, Advocate holding for Mrs.R.D.Reedy Advocate for the appellant and 2 S.A.NO.890.05 Mr. G.O. Wattamwar, Advocate holding for Mr. S. G. Rudrawar are present. At the request of appellant's Advocate, the appeal is restored to its file. 4] Mr. G.O. Wattamwar, Advocate appearing for the respondent stated that although his client was in possession of the suit land and though he has obtained an order of perpetual injunction against the appellant, nothing survives in this dispute, because the land in question was acquired and the Government has taken the possession. Since his client is not in possession now, there is no reason for suing the appellant for perpetual injunction. In view of this statement, the advocate of the appellant is allowed to withdraw the Appeal. 5] Thus, the Second Appeal stands dismissed as withdrawn. Consequently, the Civil Application No. 5719 of 2005 also stands dismissed. Sd/- (A.V. NIRGUDE, J.) MTK/