1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.2379 OF 2007 IN FIRST APPEAL STAMP NO.3105/2007 Damodhar s/o Gunwantrao Kaloji and another. ...APPLICANT/APPELLANT VERSUS Bejanbee w/o Shaikh Shafi and others. ...RESPONDENTS ... Mr. R.B.Deshmukh, Adv., for the applicant/ appellant. ... CORAM : K.U.CHANDIWAL, J. DATE : 12th June, 2009 ... PER COURT : 1. Heard Mr. R.B.Deshmukh, Counsel for the appellant. Counsel for respective respondents absent. There is delay of four days in causing to file the appeal. Mr. Deshmukh, Counsel, on instructions, submits that the matter is settled in between the parties in execution petition and, consequently, he does not want to prosecute the appeal. Hence, Civil Application and appeal is 2 allowed to be withdrawn. The statutory deposit made by the appellant no.1 be paid over to him. Necessary Court fees be refunded as per Rules. ( K.U.CHANDIWAL) JUDGE agp/office/ca2379-07