1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.607/2009 IN FIRST APPEAL NO.2400/2008 Sau.Kanta Gajanan Pradhan. ..Applicant/Appellant -VERSUS- Vaishali Mohit Pradhan and others. ..Respondents ......... Mr.Kiran N. Joshi, Advocate for the applicant. None for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 26TH FEBRUARY, 2009. P.C. : 1. By the present application, the applicant is seeking restoration of the appeal which came to be dismissed by an order dated 23.01.2009 on account of absence of the counsel for the appellant when the matter was called out. 2. The learned counsel for the applicant/appellant makes a statement that the parties have resolved the dispute by entering into amicable settlement out of the Court. Thus, he proposes to withdraw the appeal after it' s restoration. 2 3. In this view of the matter, the application is allowed. The impugned order dated 23.01.2009 is set aside. The appeal stands restored to file. The application allowed and disposed of. JUDGE 3 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. FIRST APPEAL NO.2400/2008 Sau.Kanta Gajanan Pradhan. ..Appellant -VERSUS- Vaishali Mohit Pradhan and others. ..Respondents ......... Mr.Kiran N. Joshi, Advocate for the appellant. None for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 26TH FEBRUARY, 2009. P.C. : 1. The learned counsel for the appellant makes a statement that the parties have resolved the dispute by entering into amicable settlement out of the Court and he has been instructed to withdraw the appeal. Permission to withdraw the appeal is sought for. 2. Permission as sought for, is granted. The appeal stands dismissed as withdrawn. The appellant shall be entitled to refund of the court fee as permissible under the rules. JUDGE