1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION C.A.S.NO.1139 OF 2009 IN S.A.NO.634 OF 2004 Suryakant M. Gawali .. Applicant V/s. Sahadev alias Papa Laxman Gawali & Ors., .. Respondents. Ms. Manisha Pant i/b. M/s.Bhave & Co., for the Applicant S/Shri Nitin Patil i/b. U.P.Warunjikar, for Resp. No.1 S/Shri Prasad Kulkarni, i/b. P.S.Dani, for Resp. No.5. CORAM: J.H. BHATIA,J. Dated: 21st AUGUST, 2009. P.C.: 1. Heard the learned Counsel for the Applicant/Appellant, who pointed out that Respondent Nos. 1 and 3 in the Appeal are the son and daughter of deceased Respondent No.2. After the death of Respondent No.2, Respondent Nos. 1 and 3 were legal heirs and they were already on record. However, this fact was not pointed out earlier and as a result, the Second Appeal came to be disposed of as abated by order dated 6 th July, 2009. 2. In view of the circumstances noted above, the said Srj 2 order dated 6 th July, 2009 is hereby recalled and the Second Appeal No. 634 of 2009 as well as Civil Application No.720 of 2004 are restored to file. CIVIL APPLICATION NO. 720 OF 2004 1. This application is restored today. It be listed for hearing. S.O. to 4 weeks. Meanwhile, parties shall maintain status quo. (J.H. BHATIA, J.) Srj