1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 5895 OF 1997 IN CIVIL APPLICATION NO. 1615 OF 1997 IN SECOND APPEAL STAMP NO. 13754 OF 1996 Bansi S/o Shamrao Atole .. .. Applicant Versus 1. Bhau S/o Babu Malshikare and others .. .. Respondents Shri K. M. Babulgaonkar, Advocate for the Applicant - absent. CORAM : N. D. DESHPANDE, J. DATE : 20TH NOVEMBER, 2009. ORAL ORDER : 1. When called twice, none present for the applicant. This is an application for bringing the legal heirs of deceased Chabubai i. e. appellant No. 2 on record. The deceased appellant No. 2 is died during the pendency of regular civil appeal before the First Appellate Court. The applicant is claiming to be legal heir of deceased Chabubai i. e. original appellant No. 2 and as such, interested to proceed further with the appeal upon death of appellant No. 2. 2 2. The notices were directed to the respondents, but none appeared on their behalf. For the reasons stated in the application, the application is allowed. The applicant is permitted to proceed with the appeal. The necessary amendment in the title clause of the appeal memo be carried out within one week from today. The civil application is disposed of accordingly. List the appeal for admission. Stand over for two weeks. [ N. D. DESHPANDE, J.] bsb/Nov. 09