1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 812 OF 2007 IN SECOND APPEAL NO. 77 OF 1981 Alisaheb Jasuddin Bharmar since deceased through L.rs. Hawabi Alisaheb Bharmar & ors........Applicant versus Smt. Nanijeh wd/o Ardheshir Drachsha since deceased through L.rs. Mrs. Siloo Dhan Mistry & ors........ Respondents. Ms. Varsha Sawant h/f Gauri Godse adv. for the Applicants Mr. Amit S. Mehta i/b Mahimtura & Co. adv. for the respondent no.5. CORAM: A. P. DESHPANDE, J. DATED : 23rd JANUARY, 2009. P.C.: 1. The learned counsel for the appellant submits that she has been instructed by the appellant to withdraw the appeal. The counsel places on record the communication received by her from her client on record. The same is taken on record and marked as `X' for identification. Permission to withdraw the appeal is granted. Appeal is dismissed as withdrawn. The appellant would be entitled to the refund of the court fee as admissible under the law. (A. P. DESHPANDE, J.)