1 10-cas-602-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.602 OF 2010 IN SECOND APPEAL (ST)NO.22571 OF 2003 Rukmini V. Patil & Others. .. Applicants. V/s. Budhaji L. Narvekar (since deceased) through his Legal Heirs & Others .. Respondents. Mr. P. J. Shinde, for Applicants. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 5th SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocate for the Applicants. 2 Application prays for setting aside the order of abatement and bringing heirs of Applicant No. 4 – Ankush Shivram Patil on record. The said Ankush S.Patil was Plaintiff No.3 in Regular Civil Suit No.7 of 1974, which was dismissed on 5th April, 1999. In Regular Civil Appeal No.53 of 2 10-cas-602-2010.sxw 1999, he was Appellant No.3. During pendency of the Appeal, on 7th February, 2003 he died. His heirs were not brought on record of the Appeal. Appeal was dismissed on 27th March, 2003. Thus, the said Ankush Patil died prior to the decision of the Appeal in the District Court and prior to the filing of the Second Appeal. Hence, there is no question of setting aside the order of abatement or condonation of delay, as there can be no abatement. 3 However, the question regarding the legal effect of the death of the said Ankush Patil, pending Civil Appeal No.53 of 1999 will have to be considered when the Second Appeal is heard for admission. It would be also open for the Advocate for Applicants to adopt such proceedings as may be permissible in law. 4 Subject to the above clarification, Civil Application is dismissed as not maintainable. 5 Copy of this order should be placed in the original proceedings of Second Appeal for considering the legal effect of the death of said Ankush Patil. (G.S.GODBOLE, J.)