: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.172 OF 2004 CIVIL APPLICATION NO.172 OF 2004 CIVIL APPLICATION NO.172 OF 2004 IN IN IN SECOND APPEAL (ST.) NO.2692 OF 2004 SECOND APPEAL (ST.) NO.2692 OF 2004 SECOND APPEAL (ST.) NO.2692 OF 2004 Appanna Shankar Shirke & Ors. ...Applicants V/s. Indiraabai Govind Yadav & Ors. ...Respondents Mr.N.J. Patil, Advocate, for the Applicants. Mr.Pise, Advocate, i/b. Mr.A.R.S. Baxi, for Respondent Nos.2, 3, 5 and 6. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH OCTOBER, 2007. DATE : 16TH OCTOBER, 2007. DATE : 16TH OCTOBER, 2007. P.C. : P.C. : P.C. : 1. The Civil Application stands abated as against respondent Nos.1 and 4. Other respondents have been served with the notice. Sufficient cause is made out for condonation of delay. 2. Rule is made absolute in terms of prayer clauses (b). 3. It is made clear that Second Appeal also stands abated as against respondent Nos.1 and 4. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]