1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET SECOND SECOND SECOND APPEAL NO.394 OF APPEAL NO.394 OF APPEAL NO.394 OF 1988 1988 1988 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.R.S.Kate for the Appellant Mr.N.V.Walawalkar for the Respondents CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE:SEPTEMBER DATE:SEPTEMBER DATE:SEPTEMBER 3, 2004. 3, 2004. 3, 2004. P.C.: P.C.: P.C.: 1. Office noting shows that court service notice to Appellant No.1(B) has returned unserved with the remark of bailiff that Appellant No.1(B) is dead. The court service notice of Appellant Nos. 1(I) and 1(J) returned unserved with the remark that they were not found at the time effecting service and therefore notice has been pasted. The Appellants are the original Defendants against the whom the Decree has been passed by the Trial court granting declaration in favour of the original Plaintiffs. The Decree has been confirmed in Appeal. 2 2. As a result of failure to bring on record the legal representatives of deceased Appellant No.1(B), the Second Appeal stands abated as against the Appellant No.1(B). 3. The Appellant No.1(B) was one of the original Defendants against whom the Decree has been passed which is joint and indivisible. In the circumstances, the Decree passed by the Trial Court and confirmed by the Appellate Court has become final in so far as one of the Defendants is concerned. Even if the Appellants are to succeed in this Appeal, a Decree which is inconsistent with the Decree which stand confirmed as against the Appellant No.1(B) will have to be passed. Hence, Second Appeal cannot be proceeded further. 4. Second Appeal is dismissed with no order as to costs. Judge. Judge. Judge.