1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5458 OF 2008 IN FIRST APPEAL NO.937 OF 1985 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.S.M.Kazi for the applicant. Ms.Manasi Karandikar i/b Vinod Juwale for respondent no.1. CORAM : D.B.BHOSALE, J. DATED : 20/09/2010 PC: 1. Heard learned counsel for the parties. 2. This application is filed by the heirs and legal representative of original appellant no.1, namely, Mansab Khan Razab Khan. Earlier, the applicant - Mohram Mansab Khan Razab Khan had filed an application being application no.3051 of 2010 for bringing him on record as the heirs and legal representatives of appellant no.1. That application was rejected vide order dated 30.8.2010. The order reads thus: "1. This application has been filed to bring on record the heirs S 2 and legal representatives of the appellant no.1. When the appeal was filed, the appellant no.1 was not survived. The appeal at the instance of a dead person itself is not tenable. In that view of the matter the application is rejected.” In view of this the order learned counsel for the applicant prays for withdrawal of this application with liberty to file appropriate application. Learned counsel for respondent no.1 objected for granting liberty as prayed. Having regard to the facts and circumstances of the case I am allowing the applicant to withdraw this application. Insofar as liberty is concerned, it is open to the applicant to file application for appropriate relief/order, if so advised. All contentions of the parties are kept open. Civil application is disposed of. (D.B.BHOSALE, J.)