spb/- 1 ca678-11-679-.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 678 OF 2011 IN SECOND APPEAL NO. 642 OF 1991 Pandurang Sakharam Patil, since deceased his legal heirs : 1. Smt.Anandibai @ Malati P.Patil & Ors. ... Applicants. V/s. 1. Smt. Chandrabai Rajaram Patil . ... Respondents. since deceased on 24.5.2003, no legal heirs brought (Org.Appellant no.1) on record) 2. Smt .Hirabai Mahadeo Jadhav, since deceased (Org.appellant no.2) on 22.2.2008, no legal heirs brought on record. 3. Govind Dattoba Patil, since deceased through his legal heirs : A] Shri Ganpat Govind Patil 4. Akubai w/o. Dadu Patil & Ors. ... Respondents. --- WITH CIVIL APPLICATION NO. 679 OF 2011 IN SECOND APPEAL NO. 641 OF 1991 Pandurang Sakharam Patil, since deceased his legal heirs : 1. Smt.Anandibai @ Malati P.Patil & Ors. ... Applicants. V/s. 1. Smt. Chandrabai Rajaram Patil . ... Respondents. since deceased on 24.5.2003, no legal heirs brought (Org.Appellant no.1) on record) 2. Smt .Hirabai Mahadeo Jadhav, since deceased (Org.appellant no.2) on 22.2.2008, no legal heirs brought on record. spb/- 2 ca678-11-679-.sxw 3. Shri Ujwal Pandurang Patil ... Respondents. --- Mr. Prashant Bhavake for the Applicants. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Leave to amend was already granted on 04.05.2011. Amendment was not carried out. The Advocate for the applicants prays for extension of time to carry out amendment. Prayer granted. Learned Advocate allowed to carry out amendment forthwith to annex death certificates of respondent nos. 1 and 2 in the civil application who are original appellants in the second appeals. 2 Regular Civil Suit No. 926 of 1983 was filed by Smt. Chandrabai Rajaram Patil and Smt. Hirabai Mahadeo Jadhav. Regular Civil Suit No. 1114 of 1987 was also filed by the said two ladies. R.C.S. No. 926/1983 was dismissed by the learned Civil Judge, Senior Division, Kolhapur on 12.02.1990 and R.C.S. No. 1114 of 1987 was also dismissed by Civil Judge, Sr. Division Kolhapur on 12.02.1990. Regular Civil Appeals Nos. 130 of 1990 and 125 of 1990 were filed which were dismissed by the learned 5th Additional District Judge, Kolhapur on 12.08.1991. Thereafter, Second Appeal Nos. 642 of 1991 and 641 of 1991 have been spb/- 3 ca678-11-679-.sxw filed which were admitted. 3 Perusal of the respective Civil Applications show that the death certificates annexed thereto show that Smt. Chandrabai has died on 24.05.2003 and Smt. Hirabai died on 22.08.2008. The notice issued to the original Appellants through court has also been returned unserved with remarks that they have died. It is thus clear that both the appeals have abated. It is, therefore, necessary to dispose of both the appeals with a clarification that this order will not preclude any person claiming to be either heir or legal representative of the deceased, viz. original appellants or any one of them from filing appropriate civil application for bringing heirs/legal representatives on record and if such applications is / are filed, the same will have to be heard on their own merits. 4 Hence, I pass the following order. i Second Appeal No. 642 of 1991 and Second Appeal No. 641 of 1991 are declared to have abated and are dismissed as such. ii The interim orders passed in the Civil Application Nos. 6123 of 1991 and 6122 of 1991 stand vacated. iii It is clarified that this order will not preclude any person spb/- 4 ca678-11-679-.sxw claiming to be heir or legal representative of the deceased, viz. original appellants or any one of them from filing appropriate civil application for bringing heirs/legal representatives on record and if such applications is / are filed, the same will have to be heard on their own merits. iv Original papers of both Second Appeals shall be preserved for three years. [G.S. GODBOLE,J] .....