1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.915 OF 2009 WITH CIVIL APPLICATION NO.142 OF 2009 IN FIRST APPEAL NO.836 OF 2008 (Mr.Moh. Yunus (since deceased) thru’ his LRs. vs. Abdul Noor Moh.& Anrs.) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. More h/f Mr. Uday Warunjikar, Advocate for Applicants. Mr.R.D. Mishra, Advocate for respondents. Coram : Smt. R.P. SONDURBALDOTA, J. Date : 18th July,2009 PC :- The Civil Application No.142 of 2009 is taken out by the applicants for bringing themselves on record as heirs of the deceased appellant who had died on 7th August 2008. It was filed within the period of limitation prescribed under Article 120 of Limitation Act. However, before the same could be filed, this court by it’s order dated 21 st August 2008 had dismissed the appeal as having been 2 abated. Therefore, the applicants were required to file Civil Application No.915 of 2009 for setting aside the order dated 21st August 2008. 2. The order dated 21st August 2008 is a nullity as the appeal had not abated on that day. Hence, Civil Application No. 915 of 2009 is allowed in terms of prayer clause (a) and the order dated 21st August 2008 is set aside. Civil Application No. 142 of 2009 is allowed in terms of prayer clause (a). Amendments to be carried out within two weeks from today. (Judge) 3 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2862 OF 2009 IN FIRST APPEAL NO.836 OF 2008 (Mr.Moh. Yunus (since deceased) thru’ his LRs. vs. Abdul Noor Moh.& Anrs.) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.M. More h/f Mr. Uday Warunjikar, Advocate for Applicants. Mr.R.D. Mishra, Advocate for respondents. Coram : Smt. R.P. SONDURBALDOTA, J. Date : 18th July,2009 PC :- This Civil Application is for bringing the heirs of deceased respondent No.1 on record who had died on 14th August 2008. The information as regards death of respondent no.1 was given by the Advocate for respondent no.1 by his letter dated 25th April 2009. The Civil Application has been taken out within the period of 90 days from that day. Hence, the 4 application is filed within time. The Civil Application No.2862 of 2009 is allowed in terms of prayer clause (a). Amendments to be carried out within two weeks from today. (Judge)