1 54-cas-1105-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1105 OF 2011 WITH CIVIL APPLICATION NO.1043 OF 2010 IN SECOND APPEAL NO.415 OF 2010 Smt. Kaushalaya R. Shinde & Another .. Applicants. V/s. Smt. Muktabai D. Shinde & Others .. Respondents. Mr. P. R. Suryawanshi i/b. Mr. G. M. Savagave, for Applicants. Mr. S. D. Dharmadhikari for Respondent No.1 to 3. CORAM : G.S.GODBOLE, J. DATE : 18th AUGUST, 2011. P.C.: 1 This Second Appeal is filed on 5th February, 2009 whereas Respondent No.4 is died on 28th January, 2009. Hence, there is no question of abatement of the Second Appeal. The question of substitution of the heirs of Respondent No.4 in place of Respondent No.4 will have to be considered. 2 54-cas-1105-2011.sxw 2 Mr. Dharmadhakari waives service for Respondent Nos.1 to 3. 3 Rule for the aforesaid purposes, made returnable after ten weeks. 4 In so far as prayer clause (b) is concerned, the prayer for amendment of the address of Respondent No.5 deserves to be granted and accordingly, prayer clause (b) is granted. Amendment to be carried out forthwith. 5 Notice to be sent to the heirs of deceased Respondent No.4 at the address of Respondent no.4 and on the changed address of Respondent No.5. Amendment in the title of this Civil Application to be carried out forthwith and regarding address of Respondent No.5 in the title of Second Appeal, to be carried out within two weeks. (G.S.GODBOLE, J.)