-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3034 OF 2011 IN FIRST APPEAL NO. 1179 OF 1992 Pratibha Waman Bhave. ..Appellant. Versus Gool Phirozeshwa Bharucha & Ors. ..Respondents. And Ankush Narayan Chaudhari. ..Applicant. Mr. Rajendra Desai with Mr. Aziz Khan i/b Divya Shah & Associates for the applicant. Coram : RANJIT MORE, J. Date : September 2, 2011. P. C. : 1. This civil application is filed by one Ankush Narayan Choudhari with a prayer to substitute his name in place of respondent no.1 Gool Phirozeshwa Bharucha. It is the case of the applicant that said Gool Phirozeshwa Bharucha expired on 17/9/2001 having executed Will-deed dated 16/8/1993. Under the said Will-deed, the property in question in the above First Appeal is bequeathed in favour of the applicant. Mr.Desai, learned counsel appearing on behalf of the applicant makes a statement that the applicant has also obtained Probate of this Will. Mr. Desai tendered a copy of service affidavit, which srp -: 2 :- shows that original appellant is served at her fresh address. The service affidavit is taken on record and marked “X” for identification. Despite service, none appears on behalf of the appellant. In that view of the matter, averments made in the civil application are deemed to have been accepted by the appellant. The appeal as against rest of the respondents is already abated. Respondent nos.9 and 10 are the original defendants. They have not challenged decree passed in favour of respondent no.1. In these circumstances, civil application deserves to be allowed. Hence, name of Ankush Narayan Choudhari be substituted in place of respondent no.1. Necessary amendment be carried out within three weeks from today. The applicant shall send a copy of this order to the appellant within 5 days from today for compliance of this order. (RANJIT MORE, J.)