spb/- 1 ca561-06.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 561 OF 2006 IN Second Appeal No. 900 OF 2005 Shri Tulshiram Babu Kene (Deceased) 1/1. Smt. Shardabai Tulshiram Kene & Ors. ... Applicants. . (Org.Plaintiffs) V/s. Smt. Khatijs Begam Gulam Hafij Farid & Ors. ... Respondents. --- Mr. A.J. Kandarkar for the Applicants. ----- CORAM : G.S. GODBOLE, J. DATE : 02nd SEPTEMBER, 2011. P.C. : 1 Heard Mr. Khandarkar for the Applicants. 2 This Civil Application seeks to bring on record heirs of the deceased Respondent no.4 -Rambihari Hed Bhayya. Perusal of the Civil Application and the death certificate shows that the said Respondent was a Defendant in R.C.S. No. 360/1983 and R.C.S. No. 210 of 1983 which were decided by a common Judgment and Order dated 13.10.1998. Regular Civil Appeal No. 162 of 1998 was filed in the District Court which was dismissed on 29.10.2004. 3 The said Respondent no.4 Rambihari Bhayya had died on spb/- 2 ca561-06.sxw 23.03.1991 i.e. during the pendency of the suit itself. Hence, the suit itself had abated against him. Hence, there is no question of abatement of the Second Appeal against said Respondent nor is there any question of delay. Legal effect of the abatement of the suit as against Rambihari Bhayya will be considered when the Second Appeal is heard for admission. 4 It is also clarified that in case the Applicants are able to point out that despite death of the said Rambihari Bhayya there would be no legal effect on the maintainability of the suit in the trial court, it would be open to the Applicants to file appropriate application and seek appropriate reliefs in that regard. 5 Subject to the aforesaid clarifications, this Civil Application is disposed of. 6 Copy of this order be retained in the original proceeding of the Second Appeal. [G.S. GODBOLE,J] .....