1 cas1886.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1886 OF 2010 IN SECOND APPEAL NO. 858 OF 2002 Shri Nivrutti Parvatrao Bhagwat. ....Applicant. Vs. Shri Dhyandeo P. Bhagwat & ors. ....Respondents Mr. A.M. Joshi, Advocate for applicant. Mr. S.A. Ghaisas, Advocate for Respondent No. 1. Mr. P.S. Naram i/b. Mr. S.S. Kulkarni, Advocate for Respondent Nos. 3 to 6. CORAM:- GIRISH GODBOLE, J DATED:- JULY 8, 2011 P.C. 1. Heard Mr. A.M.Joshi, Advocate for the Applicant and Mr. S.A.Ghaisas Advocate for Respondent No. 1 and Mr. Prasad Naram, Advocate for Respondent Nos. 3 to 6. 2. This is a civil application for setting aside the order of abatement passed on 22nd July, 2009 on the ground that the Respondent No.2 was reported to be dead and no steps were taken for bringing his heirs on record. The Respondent 2 cas1886.10 No.2 Sopan Parwatrao Bhagwat has died on 22nd May, 2006. Mr. Joshi has brought to my notice that his 3 sons were already on record as Respondent No. 5, 6 and 9 in the Second Appeal and hence, the Appeal would not abate since the estate of the deceased was represented by the said Respondents, who are already on record. The only question is regarding bringing the widow of the deceased Respondent No. 2 on record. Hence, the aforesaid submission is having merit. Considering the averments in the Civil Application and the legal position that the Appeal in fact would not abate, the Civil Application deserves to be allowed and is accordingly allowed in terms of prayer clause (b), (c) and (d). The amendment in the cause title of the Appeal shall be carried out forthwith. Added Respondent No. 2(a) is however, not represented by any advocate in the Second Appeal. Hence, office to issue notice of the Second Appeal, which is already admitted, to added Respondent No. 2(a) on payment of process charges and supply of copies of the memo of appeal by the Advocate for the Appellant. The same shall be returnable after 12 weeks. Bhatta Charges be paid and copy be supplied within two weeks. (GIRISH GODBOLE, J)