( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 175 OF 2003 Rajaram Tarachand Zope & Ors. .. Appellants Versus Madhukar s/o. Rambhau Bhangale & ors. .. Respondents Shri L.V. Sangit, Advocate for the appellants. Shri S.R. Nandode h/f. Shri S.S. Patil, Advocate for the respondents. CORAM : P.R. BORKAR,J. DATED : 10.06.2009 P.C. :- 1. Heard Shri L.V. Sangit, Advocate for the appellants and Shri S.R. Nandode h/f. Shri Shri S.S. Patil, Advocate for the respondents. By order dated 05.01.2009, for not bringing legal representatives of respondent No.1 on record, the order was passed that the appeal will be treated as dismissed. Since the legal representatives of respondent No.1 are not brought on record, the appeal has abated against him. The appellants are plaintiffs and respondents are defendants. The ( 2 ) appellants/plaintiffs filed suit for possession against both respondents/defendants. It was joint decree to be passed against both, which is sought by this appeal. In my considered opinion, when legal representatives of respondent No.1 – Madhukar Rambhau Bhangale are not brought on record and when it is not said that he had no legal representatives other than respondent No.2, whose name is Govind Narayan Bhangale, this appeal abates as a whole. 2. Adv. Shri Sangit for the appellants submitted that he informed his clients regarding necessity to bring legal representatives of respondent No.1 on record. He wants to place on record a copy of letter sent by him to his client. It is taken on record and marked “X”. 3. In this view of the matter the appeal is disposed of as abated as a whole. [P.R. BORKAR,J.] snk/2009/JUN09/sa175.03