1 13-cas-468-2010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO.468 OF 2010 IN SECOND APPEAL NO.22 OF 2009 Shri Kumar S. Hadadare & Others .. Applicants. V/s. Vishnu N. Lad & Others .. Respondents. Mr. Pritesh Bohade i/b. Mr. Dilip Bodake, for the Applicant. Ms. Meenal Kale i/b. Mr. P.G. Lad, for Respondent No.1­B. CORAM : G.S.GODBOLE, J. DATE : 21st SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 Regular Civil Suit No.158 of 1990 was filed for redemption of mortgage. Vishnu Lad was Original Defendant No.1. The suit was dismissed on 5th May, 2001 and, hence, Civil Appeal No.194 of 2001 was filed, pending which Vishnu Lad and Hindurao V. Lad were brought on record as 2 13-cas-468-2010.sxw Respondent Nos.1 and 1/1, respectively. Hindurao Lad thereafter died on 25th May, 2006, pending the said Appeal. The Appeal was dismissed on 2nd August, 2008 and, hence, the present Second Appeal has been filed. 3 This Civil Application seeks condonation of delay in filing application for setting aside abatement of the Second Appeal against Respondent Nos.1A­1 Hindurao Lad, setting aside the abatement and bringing his heirs on record. Since Hindurao had died pending Civil Appeal No.194 of 2001 in the District Court, the said Appeal had abated against him in the District Court itself and, hence, there is no question of abatement of the Second Appeal as against him. Consequently, there is no question of any delay in filing Civil Application for setting aside the abatement or for bringing heirs on record of Second Appeal. The Civil Application is, therefore, not maintainable and, hence, same is rejected. 4 The question as to whether Civil Appeal No.194 of 2001 will abate in its entity on account of abatement of the said Appeal against deceased Hindurao, will have to be considered at the time of hearing of Second Appeal for admission. For that purpose, a copy of this order be retained in the order sheet of the Second Appeal, which shall be listed for admission after four weeks. 3 13-cas-468-2010.sxw 5 Leave to amend the ground in the memo of Second Appeal is granted. Amendment to be carried out within four weeks. (G.S.GODBOLE, J.)