.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 295 OF 1996 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mrs.S.A. Mudbidri the appellant. CORAM : D.G. KARNIK, J. DATE : 19TH NOVEMBER 2008 P.C. P.C. P.C. : 1. The respondent no.1 has died long ago. By an order dated 12th November 2008, it was ordered that the appeal against the respondent no.1 stands abated. However, instead of immediately passing further orders, the matter was adjourned for a week to enable the appellant to take steps, if he so wished, for setting aside the abatement. However, no steps have been taken for setting aside the abatement of the appeal against the respondent no.1. 2. In my view, the respondent no.1 is a necessary party to the appeal inasmuch as the appeal arises out of a suit for partition. If the partition is to be ordered, the respondent no.1 would have a share. The decree of dismissal of the suit has become final against the respondent no.1. Therefore, the entire appeal must stand abated. Accordingly, the appeal is disposed of as abated. (D.G. KARNIK, J.)