2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders SECOND APPEAL NO. 303 OF 1994 CORAM : R.K. DESHPANDE, ,J. DATE : 26TH AUGUST, 2009. 1. Heard Shri M.P.Kale h/f Shri E.P. Savant appearing for the appellant and Shri A.C. Darandale h/f Mr. R.N. Dhorde appearing for the respondents. Both the counsel appearing for the parties state on instructions from their client that the matter has been settled out of the Court and therefore the learned counsel for the appellant seeks permission to withdraw the instant second appeal. 2. The second appeal is therefore permitted to be withdrawn. There shall however be no order as to costs. 3. Second appeal is therefore dismissed as withdrawn. 2 4. The learned counsel for the appellant placed on record the communication received by him dated 23.08.2009 which is marked as 'X' for identification purpose. [ R. K. DESHPANDE, J. ] ******* Dt: - 26.08.2009 aaa/303.94