1 40-cas-548-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.548 OF 2011 IN SECOND APPEAL (ST)NO.17729 OF 2007 Shri Shankar B. Shirsat (since deceased) through his Legal Heirs & Others .. Applicants. V/s. Sakubai W. Shirsat & Others .. Respondents. Mr. Sainand i/b. Mr. Uday Warunjikar, for the Applicants. Mr. R. M. Hardas i/b. Mr. P. N. Joshi, for Respondents. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 By this Civil Application, the following prayer is made:- “(a) Be pleased to set aside the abatement qua respondent No. 7(1) Sudarshan Ramchandra Shirsat herein and be pleased to allow the applicants to bring the legal heirs and representatives of the deceased respondent No.7(1) on record in the above referred Second Appeal, and kindly condoned the delay, if any.” 2 40-cas-548-2011.sxw 2 Perusal of the record shows that the said Respondent was Original Defendant No.3(1) in Regular Civil Suit No.8 of 1989, filed by the Applicant/ Appellant which was decreed on 30th March, 2000. The said Respondent had died on 20th October, 1991. Obviously, he had died during pendency of the suit. Hence, there is no question of setting aside the abatement of the Appeal as he died during pendency of the suit itself. The present Application is, therefore, not tenable. Hence, the same is rejected. 3 The question regarding the legal effect of abatement of the suit as against Defendant No.3(1) who is Respondent No.7(1) in this Appeal will have to be considered at the time of hearing of the Second Appeal for admission. For that purpose, copy of this order be retained in the original order/ farad sheet of Second Appeal. (G.S.GODBOLE, J.)