cas775-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 775 OF 2011 IN SECOND APPEAL (st.) NO. 20748 OF 2008 Balbhim Parashuram Jugdar, since deceased through heirs : 1A. Shivaji Balbhim Jugdar ... Applicant. V/s. Smt. Sindhubai Natha Patil & Ors. ... Respondents. --- Mr. Niatesh Wable with Mr. U.R.Mankapure for the Applicant/Appellant. Mr. Ranvidra Pachundkar h/f. Dilip Bodake for the Respondents. ..... CORAM:- GIRISH GODBOLE, J. DATED :- 19th SEPTEMBER, 2011. P.C. : 1. Heard Mr. Mankapure for the Applicant and Mr. Bodake for the Respondents. This Civil Application is filed for condonation of delay in filing the Application for setting aside abatement and bringing heirs of Respondent No. 9A- Ramchandra Shankar Jugdar. Perusal of the record shows that said Ramchandra was original Defendant No. 1A in R.C.S. No. 37 /1988 which was decreed on 29.04.1997. In Civil Appeal No. 227/1997 cas775-11.sxw 2 he was impleaded as a Respondent No.2A and during the pendency of the Appeal, he died on 18.3.2006 and thereafter, the Appeal was decided on 10.01.2008; the Appeal was allowed and the suit was dismissed. Since he has died during the pendency of the Appeal, as against him, the Appeal had abated. Whether on account of his death, the entire Reg.Civil Appeal No. 277/1997 will abate or not is a question which will have to be gone into at the time of hearing of the Application for condonation of delay being C.A.No. 1530/2008 and if delay is condoned at the time of admission of the Second Appeal. 2 As far as this Civil Application is concerned, since there is no abatement of the Second Appeal, there is no question of delay in filing the Application for setting aside the abatement or bringing heirs of the said deceased Ramchandra on record. This Civil Application is, therefore, not maintainable and the same is rejected with the aforesaid clarification. 3 For considering legal effect of the death of Respondent No.9A during the pendency of the Appeal in the District Court, copy of this order be retained in the original order sheet of C.A. No. 1530/2008 and in Second Appeal (ST.) NO. 20748/2008. [GIRISH GODBOLE, J.]