dik CAO 333.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 333 OF 2011 WITH CIVIL APPLICATION NO. 1632 OF 2011 IN REVIEW PETITION(ST) NO. 28251 OF 2011 IN SECOND APPEAL NO.779 OF 2005 Shirish Dnyandeo Shinde ... Applicant vs Maruti Khashaba Shinde (deceased) ... Respondents through heirs Mr.R.R.Galange­ Mahagavkar for applicant Ms.Babita Pandel i/by Mr. H.S.Venegaonkar, for respondent. CORAM: GIRISH S.GODBOLE, J DATED: 14th December,2011 P.C. Heard Mr. Galange appearing for the applicants in review petition. 2. Maruti Shinde was the original plaintiff in R.C.S. No. 191/1994. That suit was decreed on 12.8.1998. Defendant Nos.1 to 5 filed R.C.A. No.288/1998 in District Court at Satara. That appeal was partly allowed and the suit was partly decreed. Original defendant Nos.1 to 4 and 5 filed Second appeal No.779/2005 in this Court. That Second dik CAO 333.2011 appeal is summarily dismissed on 15.9.2011. Thereafter review petition has been filed with C.A. No.333/2011 for condonation of delay and Civil Application No.1632 of 2011 for bringing heirs of deceased respondent No.1 on record. 3. Perusal of the death certificate shows that Maruti Shinde who was original plaintiff in R.C.S. No.191/1994 and contesting respondent No.1 in Second Appeal had died on 23.1.2009. This fact was never brought on record of the Second Appeal. As a result, after expiry of 90 days from the death of Maruti on 23.1.2009, entire Second Appeal had abated. In view of this, C.A. No.333/2011 for condonation of delay is allowed. The judgment and order dated 15th September 2011 is recalled and Second Appeal No.779/2005 is dismissed on the ground that entire Second Appeal had abated. This order will not however preclude the original appellants from filing appropriate application for setting aside abatement and bringing heirs of deceased respondent No.1 on record. Subject to the aforesaid clarification C.A. No.1632 of 2011 and review petition No.28251 of 2011 are disposed of. GIRISH S. GODBOLE, J.