: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.269 OF 1999 SECOND APPEAL NO.269 OF 1999 SECOND APPEAL NO.269 OF 1999 Sadashiv Ramchandra Shinde & Ors. ...Appellants V/s. Subhabai Dhondiba Divase & Ors. ...Respondents Mr.S.G. Deshmukh and R.D. Suryawanshi, Advocates, for the Appellants. Mr.Ghaisas, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 29TH FEBRUARY, 2008. DATE : 29TH FEBRUARY, 2008. DATE : 29TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocate appearing for the appellants. 2. Office noting shows that the 2nd respondent has died long back and the Appeal stands abated as against the 2nd respondent. The 2nd respondent is the original 2nd plaintiff. The 1st Appellate Court has passed a Decree for partition and separate possession holding that the original plaintiffs are entitled to 4/5th share in the suit properties. As the Appeal stands abated as against the 2nd respondent, the decree has attained finality in sofar as 2nd respondent is concerned. Even if this Appeal is to be allowed, a decree which is inconsistent with the decree which stands confirmed in sofar as 2nd : 2 : respondent is concerned cannot be passed. Hence the Appeal does not survive. 3. Hence, in view of the abatement of the Appeal as against the 2nd respondent, the Appeal does not survive and the same is dismissed. 4. In view of dismissal of the Appeal, Civil Application No.4550 of 1999 does not survive and the same is disposed of. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]