IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 817 of 2007 Shri Uddhav Mahadeo Kharabe .. Appellant V/s Ashok Pagtilbuwa Avahale and Ors..Respondent Shri Sanskar Marathe i/b Sagar Bhandwalkar for Appellant Shri A.B.Avhad for Respondent no.1 CORAM:S.R.SATHE,J. DATED:23rd Oct. 2007 P.C.:- 1. Heard Advocates for both sides. 2. Perused the papers. 3. Admittedly during the course of pendency of the appeal the Appellant himself had brought the heirs on record. Having once allowed the appellant to bring heirs on record and accordingly amendment was carried out,in appeal memo it was certainly not proper on the part of the lower Court to dismiss the appeal saying that the appeal has become infractuous. The approach of the trial Court is not correct. 4. Hence the said order is set aside. The learned trial Court is directed to decide the said appeal on merits. 5. A.O. is disposed of accordingly. 6. Parties to act on authenticated copy of this order. (S.R.SATHE,J.)