1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1665 OF 2009 IN SECOND APPEAL NO.255 OF 1989 Ananda Krishna Tate (D/H) 1(a) Shri Sanjay Ananda Tate & ors. : Applicants. Versus Draupadibai Kishna Tate & ors. : Respondents. Ms. A R S Baxi for the Applicants. Mr. P K Hushing for Respondent No.1. CORAM : C.L.PANGARKAR, J DATE : JANUARY 04, 2010 P.C. 1. Heard the learned counsel for the Applicants and the learned counsel for the Respondents. 2. This application is for restoration of the Appeal which came to be dismised on 19/11/2009. After going through the order passed by this Court on 19/11/2009, it is apparent that the appeal came to be dismissed because of the fact that Respondent No.3 had expired and his heirs were not brought on record and the appeal could not be proceeded as against rest of the Respondents. 2. In fact, this Application which has been filed now should have been one for review of the said order passed by this Court on 19/11/2009 in 2 stead of restoration. I treat this application as one of review. 3. The learned counsel for the Appellants submits that the Respondent No.3 who has expired did not leave behind him any heir and therefore there was no question of appeal having abated as against other respondents. 4. In view of this, the order dated 19/11/2009 is recalled, the Appeal stands restored to file. The Appellant to delete the name of the Respondent No.3 and carry out necessary amendments immediately. List the Appeal for final hearing on 20/01/2010. The Civil Application is accordingly disposed of. [C.L.PANGARKAR]