1 3.cas-1604-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 1604 OF 2008 IN SECOND APPEAL NO. 382 OF 2003. Rajaram Shankar Ghadi. ..Applicant. vs. Sitaram @ Madhukar Baburao Ghadi & Ors. ..Respondents. .... Mr. Y.S. Bhate, for Applicant. Mr. Chandan Shiv R.H., h/f. Mr. Khandeparkar, for Respondent Nos. 1 to 5, 8a, 17. .... CORAM : G.S. GODBOLE, J. DATE : 24TH AUGUST 2011. P.C. : This Civil Application is filed for condonation of delay in filing the Application and for bringing heirs of deceased Respondent No.13 Rajaram Atmaram Kudalkar on record. The Respondent died on 13th March 2001 during the pendency of the Appeal in the District Court which was decided on 4th April 2002. Hence, there is no question of abatement and no question of condonation of delay. As the said Respondent died during the pendency of the Appeal in the District Court, the question regarding the legal effect of the death of said Respondent – Rajaram Atmaram Kudalkar, who was Respondent No. 10 in the Appeal in the District Court which was allowed by the impugned Judgment and Decree, will have to be considered at the time of admission of the Second Appeal. Hence, the Civil Application need not be kept pending and the same is disposed off subject to 2 3.cas-1604-08 above clarification regarding consideration of legal effect of the death of Respondent No.13 during the pendency of the Appeal in the District Court. [ G.S. GODBOLE, J. ]