{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO.124 OF 2009 Shamsundar s/o Dwarkadas Somani APPELLANT VERSUS Khorakiwala Holdings & Investments Pvt. Ltd., and others RESPONDENTS ....... Mr. A.S.Bajaj, Advocate for appellant Mr. S.V.Adwant, Advocate for respondent No.1 Mr. R.F.Tottla, Advocate for respondent No.2 Mr. S.G.Ladda, Advocate for respondent No.3 Mr. P.K.Lakhotiya, Advocate for respondent No.4 Mr. L.D.Vakil, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 13th April 2010 PER COURT: 1. Today, Pursis is filed on behalf of the appellant that as the Special Civil Suit No.514/2008, pending on the file of Civil Judge, Senior Division, Aurangabad is compromised between the appellant and respondents No.2 to 4, this Appeal From Order has become infructuous. This Pursis is taken on record and marked as “X”. In view of this, learned counsel for appellant seeks leave to withdraw the Appeal From Order. Leave granted. Appeal From {2} Order stands disposed of as withdrawn. 2. At this juncture, learned counsel for respondent No.1 prays for costs. As the Appeal From Order is allowed to withdraw, costs cannot be awarded. [A.V.POTDAR, J.] drp/B10/ao124-09 {3} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 10975 OF 2009 IN APPEAL FROM ORDER NO.124 OF 2009 Shamsundar s/o Dwarkadas Somani APPELLANT VERSUS Khorakiwala Holdings & Investments Pvt. Ltd., and others RESPONDENTS ....... Mr. A.S.Bajaj, Advocate for appellant Mr. S.V.Adwant, Advocate for respondent No.1 Mr. R.F.Tottla, Advocate for respondent No.2 Mr. S.G.Ladda, Advocate for respondent No.3 Mr. P.K.Lakhotiya, Advocate for respondent No.4 Mr. L.D.Vakil, Advocate for respondent No.5 ....... [CORAM : A.V.POTDAR, J.] DATE: 13th April 2010 PER COURT: 1. As the Appeal From Order is disposed of as withdrawn, the present civil application does not survive and hence disposed of accordingly. [A.V.POTDAR, J.] drp/B10/ao124-09