1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1832 OF 2008 IN FIRST APPEAL NO. 766 OF 1993 Usman Gani Mohamded Sardar Konu since deceased through L.Rs. Smt. Khairunise Usman Gani Momin & ors........Applicants versus Mohamed Yakub Mohamed Hasan sardar & ors... ..... Respondents. Mr. Mr. S.M. Oka adv. for the Applicants None for the respondents CORAM: A. P. DESHPANDE, J. DATED : 5th FEBRUARY, 2009. P.C.: 1. A decree for partition and separate possession came to be passed in favour of the plaintiff and agrreived thereby the defendants/appellants filed the appeal. Original appellant nos. 1 and 2 have expired and no steps are taken by the remaining appellants with a view to bring the L.Rs. of the said appellant on record. Hence by an order dated 29-2-2008 this court directed that the appeal preferred by the appellant nos. 1 and 2 to the extent it relates to them stands abated and dismissed. By the present application a prayer is made for dismissal of the appeal as a whole preferred by the other appellants as well. Primafacie 2 it appears that the remaining appellants would be within their right to prosecute the appeal and the cause of action would survive to them. However without finally adjudicating the issue, and leaving it open to be canvassed at the time of final hearing of the appeal, the present application is disposed of. (A. P. DESHPANDE, J.)