1 13 caf.2907.10 ors ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CA/ 2907/ 2010 in FA (st)/ 26487/ 2006 WITH CA/ 2906/ 2010 in FA (st)/ 26435/ 2006 WITH CA/ 2905/ 2010 in FA (st)/ 26439/ 2006 AND CA/ 2908/ 2010 in FA (st)/ 26451/ 2006 The State of Maharashtra and ors. ... Applicants Vs. Sitaram Bhiwa Roundhal D.H. Kalabai Sitaram Roundhal and ors etc etc... ... 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. 1 The learned counsel for the Respondents waives notice except Civil Application No. 2906 of 2010 in First Appeal (st) No. 26435 of 2006 and Civil Application No.2908 of 2010 in First Appeal (st) No. 26451 of 2006. 2 13 caf.2907.10 ors 2 The learned AGP submits that since the original Respondent No.1 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 In the circumstances, this application is allowed to be withdrawn with liberty as prayed.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 ]