1 1.cas-3858-97 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 3858 OF 1997 IN SECOND APPEAL NO. 206 OF 1988. Shri Nana Appa Ghure. ..Applicant. vs. Shri Pandu Appa Bagadi & Ors. ..Respondents. .... Mr. S.P. Thorat, for Applicant. Mr. G. N. Salunke, for Respondents. .... CORAM : G.S. GODBOLE, J. DATE : 24TH AUGUST 2011. P.C. : This Civil Application was filed on 26th October 1994 but was numbered in the year 1997. The Civil Application is filed for bringing heirs of deceased Respondent No. 1 on record. The Office record shows that Mr. Salunke was earlier appearing for Respondent No. 1C Babu Bagdi who has however, died on 18th August 2005, during the pendency of this Civil Application. Other Respondents are served either in this Civil Application or in Civil Application No. 614 of 2008 which has been allowed today by a separate order. Since Respondent No. 1C had died after filing of this Civil Application, the position as of date of filing of this Civil Application has to be considered. It is obvious that after the decision of the Civil Application, the Applicant will have to file separate Civil Application for bringing the heirs of Respondent No. 1C on record on the Second Appeal. However, for that purpose, hearing of the Civil Application 2 1.cas-3858-97 need not be delayed. Hence, accepting the explanation given in paragraphs 4 and 5 of this Civil Application, the same is allowed in terms of prayer clauses (b) and (c), subject to the above clarification regarding the obligation of the Appellant to file separate Civil Application for bringing heirs of Respondent No. 1C on record. Amendment to be carried out forthwith in Court today. [ G.S. GODBOLE, J. ]