: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.391 OF 2001 SECOND APPEAL NO.391 OF 2001 SECOND APPEAL NO.391 OF 2001 WITH WITH WITH CIVIL APPLICATION NO.815 OF 2004 CIVIL APPLICATION NO.815 OF 2004 CIVIL APPLICATION NO.815 OF 2004 Sadashiv Krishna Ghadage ...Appellant V/s. Umabai Shankar Chouthai & Ors. ...Respondents Mr.Sandeep Koregave, Advocate, for the Appellant. Mr.Abhijeet Khandarkar, Advocate, h/f. S.G. Deshmukh, for Respondent Nos.2, 3, 4, 5A to 5D, 6 and 7. Mr.Kailash Sawant, Advocate, h/f. Uday Warunjikar, for Respondent Nos.8 to 10. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 23RD JANUARY, 2008. DATE : 23RD JANUARY, 2008. DATE : 23RD JANUARY, 2008. P.C.: P.C.: P.C.: 1. Advocate for the appellant, on instructions of the appellant, seeks permission to withdraw the Appeal on the ground of out of Court settlement. 2. Appeal is dismissed as withdrawn. The appellant will be entitled to refund of Court fees as per the rules. 3. In view of dismissal of the Appeal, Civil Application No.815 of 2004 does not survive and the same is disposed of accordingly. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]