1 5 wp 5076.10.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srk WRIT PETITION NO.5076 OF 2010 Life Insurance Corporation of India ..Petitioner. v/s. Shankarlal Kanhaiyalal Marwadi & Ors. ..Respondents. .... Ms. Anita Castilino i/b Raymond V.Samuel for the Petitioner. .... CORAM : J.H.BHATIA, J. DATE : 31ST AUGUST, 2010. P.C. 1 The Petitioner has served notice to the Legal Representatives of Respondent no.1 but none appears. 2 Learned counsel for the Petitioner seeks to withdraw the Petition with liberty to file an Application for condonation of delay before the trial court in Special Civil Suit No. 36 of 2002 in filing the Application for setting aside the abatement due to death of Defendant no.1. The Petition stands disposed of as withdrawn with aforesaid liberty. In case, the Application for condonation of delay is filed within four weeks from this day, the trial court shall 2 5 wp 5076.10.doc hear the Application for condonation of delay as well as the Application for setting aside the abatement on their own merits. [ J.H.BHATIA, J. ]