: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1595 OF 2009 Jankibai Dattatraya Ekbote .. Appellant V/s. D.V. Kulkarni & Co. & Ors. .. Respondents Mr. Ketan Joshi i/b. Ms. Neeta Karnik for the Appellant. None for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 22 ND MARCH, 2010. P.C.: 1. Mr. Joshi appearing for the appellant states that the appellant has died and the legal heirs of the deceased appellant do not wish to prosecute the First Appeal. He has tendered on record the letter received on 15th February, 2010, from the heirs of the deceased appellant. He, therefore, seeks leave to withdraw the First Appeal. 2. In view of the above, the First Appeal is dismissed as abated.