:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO.1967 OF 2007 SUMMONS NO.1967 OF 2007 SUMMONS NO.1967 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.64 OF 2003 NO.64 OF 2003 NO.64 OF 2003 IN IN IN WRIT WRIT WRIT PETITION NO.1709 OF 2002 PETITION NO.1709 OF 2002 PETITION NO.1709 OF 2002 St.Annes High School & Junior ..Appellants College & Anr. Vs. Mrs.Cecelia Pereira & Ors. ..Respondents Mr.S.C.Naidu i/b.C.R.Naidu & Co. D.R.Jhuriya for the Appellants. Mr.J.D.Fernandes for the Respondents. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & ANOOP ANOOP ANOOP V.MOHTA,JJ. V.MOHTA,JJ. V.MOHTA,JJ. DATE DATE DATE : 15TH JANUARY,2008 : 15TH JANUARY,2008 : 15TH JANUARY,2008 P.C. P.C. P.C. . Mentioned not on board. 1. Heard the learned Counsel for the Appellants and the learned Counsel for Respondent No.1. It appears that Respondent No.1 has expired on 3rd June,2004 leaving behind his wife as a sole Legal Heir. It appears that the learned Counsel for the Respondent No.1 did not inform the learned Counsel for the Appellants regarding the death of Respondent No.1. On 23rd November,2007, the learned Counsel appearing on behalf of Respondent No.1 informed that that Respondent No.1 has expired on 3rd June,2004 and handed over a copy of Death Certificate, to the learned Counsel for the Appellants. :2: 2. Under these circumstances, the Appellants cannot be faulted with regard to the aforesaid delay. Under these facts and circumstances of the case, for the reasons stated in the Affidavit-in-support of the Chamber Summons, it is made absolute in terms of prayer clauses (a) & (b) and even the abatement of the Appeal against Respondent No.1 stands set aside. 3. Amendment to be carried out within a period of two weeks from today. 4. Place the matter on board after two weeks. (ANOOP (ANOOP (ANOOP V.MOHTA,J.) V.MOHTA,J.) V.MOHTA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)