201fa499.97.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR First Appeal No.499 of 1997 (Mohanlal Jagannath Sharma and Ors. vs. Joint Charity Commissioner, Nagpur and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: R. K. Deshpande, J. Date : January 20, 2010 Heard Mr. R. L. Khapre, Adv. for appellants and Mr.S.R.Deshpande, Adv. for respondents no.2. Mr. R. L. Khapre, Adv. for appellants has filed a pursis dt. 13.1.2010 stating that respondent no.2 Mohanlal Jainarayan Joshi has expired on 6.4.2010 and hence, seeks permission of this Court to delete the name of respondent no.2 from the array of respondents. Permission is granted. The amendment be carried out forthwith. Although the name of respondent no.2 has been deleted from the array of respondents on the ground that he has expired on 6.4.2004, Mr.Khapre, Adv. for appellants has relied upon the judgment of Apex Court reported in AIR 1998 SC 1624, Saiyad Mohammad Bakar El-Edroos (dead) by Lrs. vs. Abdulhabib Hasan Arab and Ors. in support of his contention that it is not necessary to bring the legal heirs of respondent no.2 on record as it is a trust matter and the concept of abatement does not apply to it. In view of this, in my opinion, it is not necessary for the appellant to bring the legal heirs of respondent no.2 on record. 201fa499.97.odt 2 . Hence, the matter is taken up for final hearing. JUDGE jais