1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1475 OF 2008 IN SECOND APPEAL NO.563 OF 2001 Krishna Jyoti Pishte ..Applicant/ Appellant V/s. Ashok Dinkar Pishte & Ors. ..Respondents Mr.Mulla i/b. S.M.Kamble for the Appellant/Applicant. Mr.Y.A.Sakhare for the Respondent Nos. 1 and 2. CORAM : R.M.SAVANT, J. DATED : AUGUST 29TH, 2008. P.C. By the above Civil Application, the Applicant prays for setting aside the abatement as against the Respondent No.5 and for bringing the heirs of Respondent No.5 on record. Shri 2 Y.A.Sakhare, the learned counsel appearing for Respondent Nos. 1 and 2 submits to the orders of the Court. Hence, for the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses 'a', 'b' and 'c'. 2. The Civil Application is, accordingly, disposed of. 3. The Appellant to pay costs of Rs.1,000/- to be deposited with the Maharashtra Legal Services Authority, High Court, Bombay within a period of four weeks from date. 4. The Applicant/Appellant to carry out the amendment in the cause title of the Appeal within two weeks from today. On amendment being carried out, issue notice to the Respondent Nos.5a to 5d, returnable in four weeks. Apart from Court Notice the Appellants/Applicants shall serve a private 3 notice by Registered Post A.D. and/or by courier service and/or by hand delivery and shall file affidavit of service before the returnable date. [R.M.SAVANT, J.]