spb/- 1 ca509-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 509 OF 2011 IN Second Appeal No. 420 OF 2010 Smt. Savitrabai Malhari Wanzare & Anr. ... Applicants. . (Org.Plaintiffs) V/s. Shri Patilbuva Malu Wanzare & Ors. ... Respondents. --- Mr. S.A. Sawant for the Applicants. Mr. Prashant Bhavake h/f. Mr. N.V.Bandiwadekar for Respondent Nos.2 to 6, 8 to 11 and 12. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Heard Mr. Sawant for the Applicants and Mr. Bhavake, holding for Mr. Bandiwadekar for Respondent nos. 2 to 6, 8 to 11 and 12. 2 By this Civil Application, the Applicants have prayed for bringing on record the Respondent Nos. 11a and 11b as heirs of the deceased Respondent No.11 -Kalavati Mahadev Wanzare on record of the Second Appeal. Said Kalavati had died on 26.06.2008. Perusal of the record shows that R.C.S.No. 89 of 1994 was a suit for partition in which Kalavati was Defendant No.11 and the said suit was decided by a spb/- 2 ca509-11.sxw Judgment and Decree dated 08.03.2006. Civil Appeal No. 60 of 2006 was filed by the original Plaintiffs and during the pendency of the said appeal, which was decided on 07.09.2009, Kalavati had died on 26.06.2008. 3 Hence, the said Civil Appeal No.60 of 2006 had abated against said Kalalvati in the District Court itself. In view of this, there is no question of abatement of the Second Appeal against Kalavati or bringing her heirs on record in this Second Appeal or condonation of the delay for setting aside the abatement since there will be no abatement against Kalavati. Hence, this Civil Application is not maintainable. The Civil Application is, therefore, dismissed as not maintainable. 4 Question regarding legal effect of death of said Kalavati during the pendency of the appeal in the District Court would be considered in the Second Appeal at the time of hearing it for admission. A copy of this order should be retained in the original proceedings of the Second Appeal for such consideration. [G.S. GODBOLE,J] .....