ssm sm sm 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 CIVIL CIVIL CIVIL APPLICATION NO.1753 OF 2008 APPLICATION NO.1753 OF 2008 APPLICATION NO.1753 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO. 237 OF 2007 APPEAL NO. 237 OF 2007 APPEAL NO. 237 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.Anil Singh i/by Mr. Ashok Mishra for the Applicants. Mr.P.S.Dani for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 2nd April, 2008 : 2nd April, 2008 : 2nd April, 2008 P.C. P.C. P.C. . This Application is filed by the Respondents to the first Appeal for deleting the name of Respondent No.1 (c). So far this part is concerned, the Appellant to take effective steps, if any, in view of the averments made in this Application. 2. So far as the prayer clause (b) is concerned, the learned counsel appearing for the Respondents shown certified copy of decree in Civil Suit No.593 of ( 2 ) 1993 wherein it is clearly mentioned that "the suit stands abated against Defendant No.2 and 5 and suit stands dismissed against Defendant No.3 for want of prosecution. The judgment accordingly stands modified. A decree shall be drawn up accordingly". 3. In view of this, the Appeal does not survive against the original Defendant No. 5 i.e. Respondent No.8 and Defendant no.2 i.e. Respondent No.5. 4. Let the matter be fixed in view of the earlier order dated 9th October, 2007 if it is ready for final hearing. 5. The Civil Application is disposed of accordingly. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]