1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 258 OF 2007 IN SECOND APPEAL NO. 625 OF 1989 Rustum Bandubhai Shaikh........Applicant/appellant versus Shaikh Induitullah Abbas........ Respondent. Mr. P. Deokar i/b R.S. Kate adv. for the Applicant Mr. M.D. Angal adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 2nd FEBRUARY, 2009. P.C.: 1. The learned counsel appearing for the respondent invites my attention to an affidavit filed in this court dated 20- 8-2008 wherein it is brought on record that the sole appellant has expired on 28-9-2007. The respondent has also placed on record the death certificate of the sole appellant. In this view of the matter the learned counsel for the respondent prays for dismissal of the application as abated. Hence application stands dismissed as abated. (A. P. DESHPANDE, J.)