1 IN THE HIGH COURT OF BOMBAY AT GOA. MISC. CIVIL APPLICATION NO. 104/2011. AND CIVIL APPLICATION NO. 85/2002. IN SECOND APPEAL NO. 12/2002. MISC. CIVIL APPLICATION NO. 104/2011. Shri Nagesh Nilkant Fadte … Applicant. vs. Smt. Premavati Tapa Fadte & ors. … Respondents. CIVIL APPLICATION NO. 85/2002. Smt. Premavati Tapa Fadte & ors. … Appellants. vs. Shri Nagesh Nilkant Fadte … Respondent. SECOND APPEAL NO. 12/2002. Smt. Premavati Tapa Fadte & ors. … Appellants. vs. Shri Nagesh Nilkant Fadte … Respondents. Mr. A. V. Nigalye, Advocate for the Applicant. Mr. P. Talaulikar, Addl. Government Advocate for the Respondents. 2 Coram :- A.P. LAVANDE, J. DATE: 29 th January, 2011. P.C. M.C.A. No. 104/2011 has been filed by respondent No. 1(b) in S.A. No. 12/2002 pointing out that during the pendency of this appeal, the appellants Nos. 7 and 11 have expired on 30.9.2003 and 3.4.2006 respectively. 2. This position has not been seriously disputed by the learned Counsel for the appellants. 3. According to Mr. Nigalye, learned Counsel for respondent No. 1, since Second Appeal has been filed challenging a decree passed by the lower appellate Court in a suit for partition and since the legal representatives of appellants Nos. 7 and 11 are not brought on record, Second Appeal No. 12/2002 stands abated. 4. Perusal of record discloses that the impugned judgment and decree was passed in a suit for partition. This being the position and in view of the fact that the legal representatives of appellants Nos. 7 3 and 11 who have expired in the year 2003 and 2006 respectively have not been brought on record, the appeal stands abated against them and consequently the appeal also stands abated. 5. M.C.A. No. 104/2011 also stands disposed of. 6. In view of the disposal of Second Appeal No. 12/2002, Civil Application No. 85/2002 also stands disposed of. A. P. LAVANDE, J. MF/-