( 1 ) S.A. No. 1635/2004 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE, BENCH AT AURANGABAD. SECOND APPEAL NO. 1635 OF 2004 (Abdul Samad s/o. Abdul Aziz, Died per L.Rs., Tahera Begum, etc. & others Vs. Husainbi w/o. Mohd. Ismail & others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders .............................................................................. Ms. A.N. Ansari, Advocate, for the appellants. Mr. K.G. Khader, Advocate, for respondent nos.2/5A to 2/5D. .............................................................................. CORAM : K.U. CHANDIWAL, J. DATE : 22ND MARCH 2010 1. Heard the learned Counsel for the appellants, extensively. 2. The dismissal of Regular Civil Suit No. 617/1986 was subjected to the first appeal, being Regular Civil Appeal No. 181/1997, plaintiff suffered and consequently, the Second Appeal. ( 2 ) S.A. No. 1635/2004 Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders 3. After arguing for quite some time, the learned Counsel appearing for the appellants, on instructions, withdraws the Second Appeal with a liberty to adopt appropriate proceedings. 4. Hence, the Second Appeal is allowed to be withdrawn and disposed of, with liberty to adopt appropriate proceedings, as would be advised, keeping open all the issues of opposition to the respondent. ( K.U. CHANDIWAL ) JUDGE bgp/sa1635