(1) CA. 1749.2010+4 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1749 OF 2010 IN CIVIL APPLICATION NO. 10665 OF 2009 IN SECOND APPEAL NO. 357 OF 1994 WITH CIVIL APPLICATION NO. 10667 OF 2009 IN SECOND APPEAL NO. 357 OF 1994 WITH CIVIL APPLICATION NO. 10666 OF 2009 IN SECOND APPEAL NO. 357 OF 1994 WITH CIVIL APPLICATION NO. 10665 OF 2009 IN SECOND APPEAL NO. 357 OF 1994 Mohammad S/o Mohiuddin Shaikh died through LRs. and others .. Applicants VERSUS Farid S/o Hasan Shaikh died through LRS. and others .. Respondents AND CIVIL APPLICATION NO. 1528 OF 2010 IN SECOND APPEAL NO. 357 OF 1994 Farid S/o Hasan Shaikh died through LRS. and others .. Applicants VERSUS Mohammad S/o Mohiuddin Shaikh died through LRs. and others .. Respondents Mr. Anoop Patil, Advocate h/f. Mr. V.R. Dhorde, Advocate for the Applicants in all C.As. and for respondents in C.A. 1528. 2010 Mr. P.R. Katneshwarkar, Advocate for respondent no.1 in all C.As. and for applicants in C.A. 1528.2010 ... (2) CA. 1749.2010+4 CORAM : K.U. CHANDIWAL, J. DATED : 16TH APRIL, 2010 P.C.:- 1] Heard. Civil application no. 10665 of 2009 relates to restoration of the Appeal, dismissed for not taking steps particularly due to death of appellant no.1 Mohammad Mohiuddin Shaikh. The names of the legal representatives of Mohammad S/o Mohiuddin Shaikh are indeed referred to in the cause title. The application to bring the legal representatives is also moved. In this situation, the abatement is set aside. The appeal is restored to original position. The names of the legal representatives of Mohammad S/o Mohiuddin Shaikh as indicated in the cause title to be brought on record within 14 days by carrying out necessary amendment at the appropriate places in the Appeal memo. 2] Respondent no.1 Farid Hussain Shaikh expired on 18.4.2006. His legal representatives Doulatbi and Dagdibi are referred to in the cause title. However by order dated 14.1.2010 the Appeal is dismissed as against respondent no.1A Doulatbi and also against respondent no.1B Dagdibi. The mistake that has occasioned, is due to not taking steps concerning service upon respondent no.1A Doulatbi and respondent no.1B Dagdibi-the legal representatives of Farid S/o Hasan Shaikh. (3) CA. 1749.2010+4 3] Considering the difficulties expressed by learned counsel, the dismissal by order dated 14.1.2010 to the extent of proposed respondent no.1A Doulatbi and respondent no.1B Dagdibi is set aside. The matter is restored to original position. 4] Counsel informs that respondent no.2 Fakir expired, which is based on communication of Mr. Katneshwarkar. Legal representatives of respondent no.2 Fakir S/o Hasan Shaikh are disclosed in the Application being Rashid and Bande Nawaz respectively. Application to bring such legal representatives on record is moved vide Civil Application no. 1749 of 2010. Letter dated 20.6.2009 illustrate that the appellant Mohammad Mohiuddin Shaikh was communicated to contact the Advocate, however, there was no contact since he was not alive. In the situation, the delay in bringing legal representatives of respondent no.2 Fakir, is condoned. The abatement is set aside. Legal representatives of respondent no.2 Fakir as referred above be brought on record within 14 days. 5] Mr. Katneshwarkar informs that there appears clerical mistake in the operative part of the order of the first appellate Court in respect of the apportionment of plaintiff which needs correction, which is possible only to be done by the first (4) CA. 1749.2010+4 appellate Court. Hence at his request, to enable to carry necessary correction in the order of the learned first appellate Court send R & P to the learned Principal District Judge, Osmanabad. The learned District Judge shall not be influenced by remittance of the R & P, he will independently decide Application of plaintiff on it's own merits and pass appropriate orders. After such order, the R & P be send back forthwith. 6] All Civil Applications stand disposed of as above. Sd/- (K.U. CHANDIWAL, J.) arp