1 mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN ITS CIVIL APPELLATE JURISDICTION WRIT PETITION NO.874 OF 1990 Kuldeep Mansing Grover ..Petitioner Vs. The State of Maharashtra & Ors. ..Respondents WITH SECOND APPEAL NO.246 OF 1995 Kamalabai Vishwanath Chaphalkar ..Appellant Vs. Kuldipsingh Nanaksingh Grover & Ors. ..Respondents None for the Petitioner in Writ Petition No.874 of 1990 Shri R.A.Thorat i/b Shri V.A.Thorat for the Appellant in Second Appeal No.246 of 1995 and Respondent No.2 in Writ Petition No.1874 of 1990. Coram: P.B.MAJMUDAR AND R.M. SAVANT, JJ. 10th June, 2010 P.C. 1. Since the subject matter of the above proceedings is the same property, the Second Appeal was directed to be heard along with the above 2 mentioned writ petition. When the Second Appeal is called out for hearing the learned counsel appearing for the appellant Shri Thorat tenders a letter dated 12-4-2010 addressed by the appellant to Shri Thorat. In the said letter, it is inter alia stated that on account of the death of the husband of the Appellant, Shri Vishwanath Chaphalkar, the appellant would not be in a position to continue with the litigation, as according to the appellant, there are various practical difficulties in her way. In the light of the said letter dated 12-4-2010, Shri Thorat seeks leave to withdraw the Second Appeal. The Second Appeal is accordingly dismissed as withdrawn. The said letter dated 12-4-2010 of the appellant Kamalabai Vishwanath Chaphalkar is taken on record and marked  X for identification. 2. In so far as writ petition No.874 of 1990 is concerned, the above petition was on the final 3 hearing board and was called out yesterday i.e. 9-6-2010. Since none appeared for the parties, the writ petition along with above second appeal was posted for hearing today. Today also none appears for the petitioner. However, Shri R.A.Thorat instructed by Shri V.A.Thorat appears for respondent No.2. On account of no appearance being put up on behalf of the petitioner we are constrained to dismiss the above petition for default. Rule discharged. (R.M.SAVANT, J.) (P.B.MAJMUDAR, J.)