IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1314 OF 2003 IN WRIT PETITION NO.188 OF 2003 John Mingel Cirejo ...Applicant Versus Waman Ragho Patil, Since deceased through legal representatives : 1/1.Smt.Godibai Waman Patil, since deceased through her legal representatives : 1/1a.Jankibai Ramchandra Patil & Ors. ...Respondents ...... Ms.Anulata Saudankar i/b Ms.Gauri Godse for Applicant. Mr.Nitesh Bhutekar i/b Mr.Uday Warunjikar for Respondents 2 & 3. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 11, 2008. JULY 11, 2008. JULY 11, 2008. P.C. P.C. P.C. 1. Counsel for the Applicant, in all fairness, points out that Application for setting aside abatement and bringing the heirs of Respondent No.1 on record, was moved before the : 2 : Trial Court, however, the same was rejected. That order has been allowed to become final. 2. It necessarily follows that the Suit has abated. If it is so, it is not open for this Court to entertain the request of the Applicant. Hence, this Application is also rejected. As a consequence, Writ Petition No.188 of 2003 stands dismissed for non-prosecution as against Respondent No.1/1. 3. Counsel for the Petitioner has made the above statement on instructions of the Petitioner, who is personally present in Court. A.M.KHANWILKAR, J.