1 srk FARAD CONTINUATION SHEET APPELLATE SIDE Civil Application No.2170 of 2008 In First Appeal Stamp No.9799 of 2008 ------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------------ Ms.S.S.Dwiwedi i/b. Mr.R.P.Mudholkar for appellant. CORAM: B.H.MARLAPALLE,J. February 16, 2009. P.C. . Heard the learned counsel for the applicant who has filed First Appeal under Stamp No.9799 of 2008. . This is an application for brining on record the LRs of the respondent no.2 i.e. Mrs.Aklambee Habibullah Khan. The applicant states that the said respondent no.2 died on 23/5/1997. Admittedly Special Civil Suit No.248 of 1988 came to be decided by the learned 2nd Joint Civil Judge, Senior Division at Thane on 25/7/2007 and thus the said respondent no.2 died while the 2 suit was pending. . Obviously First Appeal under Stamp No.9799 of 2008 has been filed against a dead person. Hence the consequences must follow. . The application is rejected and First Appeal under Stamp No.9799 of 2008 is dismissed against respondent no.2. (B.H.MARLAPALLE,J.)