IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1080 OF 2005 Arvind Sadashiv Natekar ... Appellant V/s. Anilkumar Popatlal Bamb & Anr. ... Respondents WITH CIVIL APPLICATION NO. 2365 OF 2006 Mr. Nitin Mulye holding for Mr. G.S. Godbole for the Appellant None for the Respondents. CORAM: J.N. PATEL AND A.A. SAYED, JJ. DATE : SEPTEMBER 4, 2007 P.C.:­ 1. The learned counsel for the appellant states that he has instructions to withdraw the appeal, as it is settled out of Court. The communication received from the appellant is taken on record, and marked ' X' for identification. The appeal is permitted to be withdrawn, as settled out of Court. The appellant would be entitled 1 to refund of court­fees as per Rules. 2. Consequently, the Civil Application does not survive, and it is also disposed of. J.N. PATEL, J. A.A. SAYED, J. 2