CAS.824-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 824 OF 2010 IN SECOND APPEAL (St.) No. 18079 OF 2009 AND SECOND APPEAL (St.) No. 18079 OF 2009 Channappa Ayappa Khandare ...Applicant/Appellant Vs. Mahadev Nagappa Khandare ...Respondent *** Mr. P. M. Arjunwadkar, for the Applicant/Appellant. *** CORAM: V. M. KANADE J. DATE : JANUARY 27, 2011 P.C. 1. Not on board. Upon mentioning, taken on board. 2. This is an application for restoration of Second Appeal which was dismissed for want of prosecution. I am informed that the parties have settled the dispute out of Court and a praecipe to that effect has been filed by the counsel appearing on behalf of the applicant. In this view of the matter, the delay caused in filing this application is condoned. The conditional order dated 27th August, 2009 is recalled qua CAS.824-10 - 2 - the applicant. The Second Appeal is restored to the file. Civil Application is accordingly disposed of. 3. The preacipi filed by the applicant is taken on record and the Second Appeal is disposed of on the ground that it has become infructuous on account of settlement out of Court between the parties. [ V. M. KANADE J.]