1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.935 OF 2009 IN SECOND APPEAL NO.286 OF 1988 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM: P.R.BORKAR, J. Date : June 07, 2010 1. Heard Shri A.M.Dabir, Advocate for the applicant-appellant and Shri H.K.Mundhe, learned Advocate for Respondent. 2. This application refers to the resolution dated 15.7.2006 in which present appellant was given option that if he withdraws present appeal and gives undertaking that he would not file any litigation in the court of law, he may be given residential premises on fresh lease. So, the resolution granting such concession was on certain condition. 3. It does not appear that from 2006 till this date, present appeal was sought to be withdrawn at any time and thus the condition 2 on which premises was to be given to him on fresh lease was not complied with. It may be noted that even in present application, there is no prayer seeking permission to withdraw the appeal. 4. In the circumstances, this application is disposed of since the parties have not settled the matter out of court in spite of resolution dated 15.7.2006. Appeal to proceed further. Stand over to 10.6.2010. pnd/ca935.09 (P.R.BORKAR, J.)