1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5030 OF 2009 WITH CIVIL APPLICATION NO.1552 OF 2009 WITH CIVIL APPLICATION NO.2094 OF 2006 Purshotamdas Agarwal )..Applicant Vs. Bombay Housing & Area Development Board & Ors. )..Respondents ---- Mr. N.V. Gangal for the applicant. Smt.V .S. Mhaispurkar AGP for the respondents. ---- Coram : R.S.MOHITE,J Date : 8th March, 2010 PC CIVIL APPLICATION NO.5030 OF 2009 1 Heard Advocate for the applicant. Perused the Civil Application. It is mentioned in the application that respondent no.3 is dead without any heirs. Advocate for the applicant upon taking instructions from the applicant states that he would like to delete respondent no.3 from all pending Civil Applications as well as from the First Appeal. The applicant is permitted to delete respondent no.3 in this Civil Application, in the main First Appeal which is yet on stamp number as well as from all other pending Civil Applications at his own risk. Amendment to be carried out within 3 weeks. In this view of the matter, prayer clause-(a) of this Civil Application does not survive. In so far as prayer clause-(b) is concerned, the relief sought is mis-conceived. The property belonged to MHADA. The property cannot vest in the Administrator General. Hence Civil Application is disposed off. 2 CIVIL APPLICATION NO.1552 OF 2009 1 In view of the order passed in Civil Application No.5030/2009, leave to amend the Civil Application and delete the name of the respondent no.3 from the application. On perusal of the prayers, it is seen that prayer clause-(a) pertains to setting aside abatement order . Since respondent no.3 is deleted, prayer clause-(a) does not survive. In so far as prayer clause-(b) is concerned, I am passing a separate order in the main Civil Application No.2094/2006 pertaining to the mode of service on the respondent no.6. For the movment, I am not inclined to grant substituted service. Hence, Civil Application is dismissed. CIVIL APPLICATION NO.2094/2006 1 Issue notice to the respondent no.6 by R.P.A.D returnable on 22.4.2010. (R.S.MOHITE,J) 3 4