1 1-cas-1217-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1217 OF 2009 WITH C.A. NO.10222 OF 1998 IN SECOND APPEAL NO.530 OF 1998 Smt. Lucy A. Mendis .. Applicant. V/s. Shri Anton T. Rais .. Respondent. Mr. M. H. Chandanshiv i/b. Mr. A.S. Khandeparkar, for Applicant. Mr. S. S. Redekar, for Respondent. CORAM : G.S.GODBOLE, J. DATE : 30th SEPTEMBER, 2011. P.C.: 1 On 26th August, 2011, the following order was passed in Civil Application No.1217 of 2009:- “ Mr. Redekar appearing for the Applicant who is the original Plaintiff in the Suit for possession and Respondent in the Second Appeal states that the dispute is settled out of Court and the Appellant in the Second Appeal/Respondent herein has handed over the possession. The Advocate for the Respondent herein seeks time to take instructions. Stand over after two weeks, to be listed under the caption “Settlement”. 2 1-cas-1217-2009.sxw 2 Today, Mr. Chandanshiv holding for Mr. A. S. Khandeparkar, Advocate for Original Appellant in the Second Appeal states that Advocate for Appellant has been instructed him to withdraw the Second Appeal. Since the statement of Mr. Redekar, appearing for the Respondent was already recorded and since possession appears to have been handed over, Second Appeal is allowed to be withdrawn and dismissed as such. 3 In view of withdrawal of the Second Appeal, Civil Application No.10222 of 1998 and Civil Application No.1217 of 2009 do not survives and the same are also disposed off. (G.S.GODBOLE, J.)