`Ca 1215.08 1 INTHE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1215/2008 IN S.A.NO.644/2007 Vithoba A.Shinde Appellant Vs. Ramu @ Ramchandra N.Shinde Since deceased through L.Rs. & Ors. Respondents Mr.Ravindra Parhadkar h/f Mr.Dilip Bodke for Applicant Mr.P.S.Gole for Res.1-A,1-B and 2 CORAM-G.S.GODBOLE,J. DATE - 23rd SEPTEMBER,2011 P.C. . Heard Mr.Parhadkar for Applicant and Mr.Gole for the contesting Respondents. 2 By this Civil Application, prayer for condonation of delay in Civil Application for setting aside the abatement of the Second Appeal as against Respondent no.2 Sadashiv Shinde and bringing his heirs on record has been made. 3 Perusal of the record shows that Regular Civil Suit no. 279/1993 was filed by Vithoba Shinde in which Sadashiv Shinde was Defendant no.2 and the said suit was decreed on 19/1/2000. The original Defendants 1-a to 3,which included Sadashiv Shinde, filed Reg.Civil Appeal NO.59/2000 in the District Court,Satara. It is not disputed that `Ca 1215.08 2 Sadashiv Shinde died on 4.8.2002 during the pendency of the said Appeal. It is also not disputed that his heirs are not brought on record. The said Appeal was ultimately allowed on 8.2.2007 by dismissing the suit which is the impugned Judgment and Order challenged in the Second Appeal. Thus, on the date of filing of the Second Appeal i.e. 4/6/2007, said Sadashiv was not alive and in fact R.C.A.No.59/ 2000 filed by him in the District Court had itself abated qua him. For these reasons, the present Civil Application is not maintainable, since the Appellant (original Plaintiff) has no obligation to bring the heirs of Sadashiv on record in the Second Appeal. For these reasons there is no abatement of Second Appeal, there is no delay and hence, Civil Application is not maintainable. Thus, it is disposed of as such. 4 The question as to the legal effect of the death of Sadashiv during the Appeal pending in the District Court and as to whether said Appeal abates only qua him or as a result of his death the entire appeal in the District Court abates, will have to be considered at the time of hearing of the Second Appeal for admission. For that purpose, copy of this order will have to be retained in the order sheet of the Second Appeal. G.S.GODBOLE,J.