spb/- 1 a1350-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION FIRST APPEAL NO. 1350 OF 2010 ALONGWITH CIVIIL APPLICATION NO. 6552 OF 2007 IN F.A.NO. 1350/2010 Maharasthra State Road Transport Corporation ... Appellant. Vs. Rama Shamsundar Biyani & Ors. ... Respondents. ­­­ Mr. C.M. Lokesh i/by G.S.Hegde for the Appellant. Mr. Anilkumar Patil for the Respondent Nos.1 to 5. ­­­­­ CORAM : D. G. KARNIK, J. DATE : 07th JANUARY, 2011. P.C. 1 The respondent no.6 has died long ago. 2 In civil application no. 6552 of 2007 taken out in this appeal the bailiff has already reported the death of the respondent no.6 vide his report of May, 2010. Though more than 7 months have been passed after the report of the bailiff, no steps have been taken for bringing heirs of respondent no.6 on record. 3 Appeal against the respondent no.6 stands abated. spb/- 2 a1350-10.sxw 4 The appeal is directed against the Award passed by the Motor Accident Claims Tribunal jointly in favour of the Respondent Nos. 1 to 6 . Award has become final qua respondent no.6 on account of abatement of the Appeal against him. Hence, the Award cannot be set aside partially. Hence, the entire Appeal stands abated/dismissed. 5 In view of the abatement of the Appeal itself, the civil application no. 6552 of 2007 does not survive and the same is disposed of. [D.G. KARNIK, J.]