1 6-cas-307-2009.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.307 OF 2009 IN SECOND APPEAL NO.642 OF 2006 Shri Ganpat N. Parkhi & Others .. Applicants V/s. Shri Ulhas B. Parkhi & Others .. Respondents. None for the parties. CORAM : G.S.GODBOLE, J. DATE : 16th AUGUST, 2011. P.C.: 1 The Second Appeal has not been admitted. Advocate Shri V. G. Peshave is appearing for Respondent Nos.1,3,4,7,9 to 12. Respondent Nos. 5 and 6 are shown to be duly served. 2 The present Civil Application is filed with Civil Application No. 323 of 2007 for bringing heirs of deceased Respondent No.2 – Shri Sadashiv M. Parkhi on record who died on 16th June, 2002, prior to the 2 6-cas-307-2009.sxw impugned judgment and order dated 18th April, 2006, passed by the learned 15th Ad-Hoc Additional District Judge, Pune in Civil Appeal No.681 of 2000. The said deceased was Appellant No.2 in the District Court. Hence, there is no question of bringing his heirs on record. In Civil Application No.323 of 2007, it is specifically stated that heirs of deceased Respondent No. 8 are already brought on record. 3 In view of this, the earlier order dated 4th March, 2011 passed in Civil Application No.307 of 2009 deserves to be re-called and the same is accordingly re-called. 4 Civil Application No.323 of 2007 is disposed off as not maintainable, for the reasons stated herein above. Civil Application No.307 of 2009 is allowed in terms of prayer clauses (a) & (b). 5 Office to delete the name of Respondent No.8 from the arrey of parties in the title of Second Appeal. List the Second Appeal for admission on 3rd September, 2011. (G.S.GODBOLE, J.)