1 13 caf.2904.10 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2904 OF 2010 IN FIRST APPEAL (STAMP) NO. 26407 OF 2006 The State of Maharashtra and ors. ... Applicants Vs. Ungle Savleram Ozarkar D.H. Bhagwant Jungale Ozarkar. ... Respondents ----- Mrs. S.V Sonavane AGP for the Applicants. Mr. Tushar Sonavane for the Respondents. ----- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 13 th August, 2010. P.C. The learned AGP submits that since the original Respondent No.1-C had expired during the pendency of the proceedings before the lower Court, the decree passed by the lower Court is nullity having been passed in favour of the dead person. In the circumstances, it is prayed that the Applicants be allowed to withdraw this application and instead urge additional grounds in the appeal memo as well as in application in that behalf. In the circumstances, this application is allowed to be withdrawn with liberty as prayed. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]