1 fa498-91 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.498 OF 1991 Maharashtra State Financial Corporation .. Appellant Vs. The Bank of Maharashtra and Ors. .. Respondents None for the appellant Mr.S.M.Kazi for respondent no.3 CORAM: K.K. TATED, J. DATE: 12TH JANUARY, 2011 P.C. 1. When the matter was called out, no one appeared on behalf of appellant. The learned counsel appeared for respondent no.3 2. The learned counsel appearing for respondent no.3 pointed out that the first appeal is dismissed as against respondent no.2 as per the order dated 15.9.09. 3. The learned counsel for respondent no.3 submits that the appellant / original plaintiff filed special civil suit no.78 of 1987 in court of IInd Joint Civil Judge, Senior Division, Ratnagiri for recovery of sum of Rs. 3,05,206.50. He submits that the main borrower was respondent no.2, 2 fa498-91 original defendant no.2. He submits that as first appeal is already dismissed against respondent no.2, nothing survives in the present appeal. 4. From the perusal of record and proceedings it is clear that appellant filed suit for recovery of their dues from first borrower that is respondent no.2. This court (Coram: A.S.Oka, J.) in order dt.20.3.2006 recorded that the report of bailiff in Civil Application No.2738/1991 shows that respondent no.2 has expired long back and the legal heirs of respondent no.2 are not brought on record within the time fixed by law. Hence, the first appeal stands abated as against respondent no.2. 5. As the appeal has abated against the main respondent no.2, nothing survives in the first appeal. Same is dismissed, as abated. (K.K. TATED, J.)