Percy Issac Malekar v. Shahid Proprietor Of M/S. Geholot Development Services

7 FA-1038-2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1038 OF 2008 WITH CIVIL APPLICATION NO. 4457 OF 2007 IN FIRST APPEAL NO. 1038 OF 2008 Percy Issac Malekar ...Appellant/ ...Applicant

Versus

Shahid Proprietor Of M/s. Geholot Development Services and Anr.

...Respondents

************ Mr. Suresh M. Sabrad, Advocate for Appellant. HUSENBASHA RAHAMAN NADAF Date: 2023.12.04 10:52:09 +0530 HUSENBASHA RAHAMAN NADAF ************ CORAM : M.M. SATHAYE, J.

DATE : 1st DECEMBER, 2023 P.C. :

1.

Mr. Sabrad, learned counsel for the Appellant states that he has received written instructions on 22/10/2023 requesting him to withdraw the Appeal because sole Respondent has expired and after her death, the Appellant is the only legal heir. Said written instructions are taken on record and marked 'X' for identification. 2.

The First Appeal is accordingly dismissed as withdrawn. No order as to cost. Office is directed to refund Court fees as permitted under Rules.

Husen

7 FA-1038-2008.doc 3.

In view of the disposal of the above First Appeal, all pending Interim Applications, if any, are disposed off. 4.

of this order.

(M.M. SATHAYE, J.) Husen