41cas418-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 418 OF 2011 IN CIVIL REVISION APPLICATION NO. 121 OF 2010 Dhuliabai Wd/o. Mana Praga & Ors. ....Applicants. Vs. Smt. Minakbaki Vithalrao Bhusarath (deceased) & Ors. . ....Respondents. --- Mr. Sachin Chavan h/for Mr.S.S.Kulkarni for the Applicants. Mr. B.N.Shukla for the Respodent Nos. 2,4 and 5. --- CORAM:- G.S. GODBOLE, J. DATED :- 10TH OCTOBER, 2011. P.C. : 1. On 29th August, 2011 following order was passed : “1 The learned Advocate for Respondents states that copy of this Civil Application is not served on him. Advocate for Applicants is directed to serve copy of this Civil Application to the Advocate for Respondents within two weeks from today. 2 Perusal of the Civil Application shows that Respondent No.3-Mrs.Kantabai Waghela had died on 27th September, 2003, pending the proceedings in the Small Causes Court. Advocate for the Applicants to consider the position and address the Court, since the death has occurred during 41cas418-11.sxw 2 pendency of the Appeal before the Division Bench of Small Causes Court. 3 S.O. after six weeks. 2 It is brought to my notice that the Respondent No.3 was original Plaintiff No.3 in the Suit. The suit was dismissed and the original Plaintiff filed an Appeal and during the pendency of that Appeal, the original Plaintiff No.3 had died on 27.9.2003. Hence, if anything is abated, it was the said Appeal No.188/2003 filed by the original Plaintiffs in the Court of Small Causes which had abated. Hence, there is no question of abatement of the Civil Revision Application. No question of delay and it is not necessary to bring heirs of Respondent No.3 on record. 3 The question regarding legal effect of the death of the original Plaintiff during pendency of the Appeal, the Appellate Court Bench will have to consider the same at the time of final hearing of the CRA, which is already admitted and for that purpose a copy of this order shall be retained in the operative sheet order of the CRA. [G. S. GODBOLE, J.]