1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8095 OF 2008 Kisan Maruti Gavade. ..Petitioner. V/s. Indubai Namdev Gavade & Ors. ..Respondents. Mr.Milind Deshmukh for petitioner. Mr.Ashok Toraskar for Respondent Nos.2 and 6. CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J CORAM: A.M.KHANWILKAR,J DATE : FEBRUARY 13, 2009. DATE : FEBRUARY 13, 2009. DATE : FEBRUARY 13, 2009. P.C. : P.C. : P.C. : 1. Heard Counsel for the parties. 2. No fault can be found with the view taken by the Court below that unless the abatement qua Plaintiff No.1 is set aside, the question of entertaining application to bring legal representatives on record does not arise. The Petitioner, if so advised, may take out formal application for condonation of delay and set aside abatement, which may be considered by the Court below on its own merit. 3. Petition disposed of on the above terms. 2 (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J) (A.M.KHANWILKAR,J)