ash 1 caf-2918.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2918 OF 2009 IN FIRST APPEAL ST.NO. 10171 OF 2009 Aruna Uday Kapale @ Akshaya Madhav Rangnekar. .. Applicant. Vs Shri Prakash Ganpatrao Kapale & Anr. .. Respondents -- Shri Vaibhav Gaikwad i/by Shri A.M. Kulkarni for the Applicant. Shri Bhushan Walimbe i/by Ms Preeti B. Walimbe for the Respondents. -- CORAM ; A.S. OKA, J DATED : 9TH SEPTEMBER, 2011 P.C. . Learned counsel appearing for the Applicant on instructions of the Applicant states that the Applicant along with her two daughters have filed Special Civil Suit No.34 of 2009 against the Respondents and others in the Court of Civil Judge, Senior Division at Islampur for partition and separate possession of their shares. He seeks permission to withdraw this application with liberty to prosecute the suit. Accordingly, the Application is dismissed as withdrawn with no orders as to costs. 2. All contentions of the parties on merits are kept open. ash 2 caf-2918.09 3. Civil Application No.2919 of 2009 of 2009 does not survive and the same is disposed of. As a consequence of withdrawal of the application for condonation of delay, the Applicant is entitled to refund of Court fees paid on Appeal as per the Rules. ( A.S. OKA, J )