spb/ 1 sa510-95 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE SECOND APPEAL NO. 510 OF 1995 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders None for the Appellants. --- CORAM : G.S. GODBOLE, J. DATE : 14th SEPTEMBER, 2011 P.C.:- Since earlier Advocate for the Appellants was appointed as Additional Judge of this court, the court notice had been sent to the Appellants. A notice has been served on most of the Appellants. However, notice on Appellant No.3 is returned unserved with remark “dead". The Appellant -Smt Banabai Anand Sankpal was original Defendant No.3 in the suit for partition and separate possession and on account of her death there would be abatement and the entire Second Appeal would abate. Hence, the Second Appeal is disposed of as abated. However, this will not preclude the other Appellants or heirs of the said Banabai Sankpal to file Application for spb/ 2 sa510-95 setting aside the abatement. If such an Application is filed, the same will be considered on its own merits. (G.S.GODBOLE, J.)