1 21 caf.3863.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3863 OF 2009 IN FIRST APPEAL NO. 6 OF 2005 The State of Maharashtra. ... Applicant Vs. Yashwant Vithoba Vidhate D.H. Gopinath Yashwant Vidhate and ors. ... Respondents ----- Mrs. S.V. Sonavane, AGP for the Applicant. Mr. Anil J. Ahuja for Respondent Nos. 1.a to 1.g. ----- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 13 th August, 2010. P.C. 1 The learned AGP submits that since the original respondent has expired during the pendency of the proceedings before the lower Court, the decree as passed by the lower Court is nullity having been passed in favour of the dead person. In the circumstances, it is prayed that the Applicant be allowed to withdraw this application and instead urge additional grounds in the appeal memo in that behalf. In the circumstances, this application is allowed to be withdrawn with liberty as prayed. 2 21 caf.3863.09 2 It will be open to the Respondents to move the trial Court for correction of record, if so advised which application will be considered on its own merits. First Appeal be place for admission on 26 th August, 2010. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]