1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.5235 OF 2006 IN SECOND APPEAL ST.NO.9702 OF 2006 Waman s/o Dattatraya More Applicant Versus Shahuraj s/o Bhimrao More & others Respondents None for the applicant. Mrs.M.D.Thube-Mhase, advocate for Respondents No.2 to 5. CORAM: R.M.BORDE, J. DATE : 14 th August, 2009. P.C.: Counsel for the applicant is absent. It is stated by Counsel l for Respondents No.2 to 5 that sole appellant/applicant had died on 28.10.2008. No steps are taken by the applicant/appellant herein for bringing L.Rs. of deceased appellant on record. Instant application is presented seeking condonation of delay of 448 days occurred in preferring Second Appeal. On account of death of sole applicant, application is abated. Hence, application stands rejected. In view of rejection of application, appeal also does not survive. (R.M.BORDE) JUDGE ******* adb/ca523506