1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 194 OF 2009 WITH CIVIL APPLICATION NO.337 OF 2009 IN SA/194/2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.Makrand Panchakshari i/b Sagar Kasar, for the appellant/applicant. Mr. Nitin Muley, for respondent nos 1 and 2. CORAM : D.B.BHOSALE, J. DATED : 16/12/2010 PC: Heard learned counsel for the parties. On 7.10.2010 the following order was passed :- "The applicant/appellant to take steps within a period of eight weeks from today to serve the unserved respondents and to file an application for bringing heirs and legal representatives of the deceased-respondent on record, failing which the Appeal shall stand dismissed for non prosecution against these respondents. Stand over to 16.12.2010." Office note shows that the appellant has not taken any steps against unserved respondent no.5 and to bring on record the heirs of the deceased-respondent. This appeal is arising from a suit for partition. Keeping T 2 the nature of decree in view, in my opinion, this appeal abates as whole and dismissed as such. The civil application is also disposed of. (D.B.BHOSALE, J.)