1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL JURISDICTION CIVIL APPLICATION NO.3634 OF 2009 IN CIVIL APPLICATION NO.209 OF 2002 IN FIRST APPEAL ST. NO.21497 OF 2001 Smt. Vidya Gajanan Mane ...Applicant. v. Baban @ Vasant Nana Gaikwad & Ors. ...Respondents. Ms. Gauri Godse, adv. For the Applicant. Mr.K.Y.Mandlik, adv. For the Respondent No.1. Ms.Teja Katdare i/by Ms. Alpa Javeri for the Respondent (in S.A.No. 646/2005). CORAM : J.H. BHATIA, J. DATED : 9th September , 2009 P.C. 1 Civil application is abated against the respondent nos.4 and 8 and it has been dismissed as against the respondent nos.2 and 7. The learned counsel seeks to delete the names of the respondent nos.4 and 8 because they were impleaded only as trustees and their legal heirs cannot be brought on record. The applicant also seeks to implead legal heirs of the Respondent No.2 including the respondent no.2/2 and she seeks leave to issue fresh notice to the respondent no.7. The appeal is pending for the last about 8 years at the stage of condonation of delay in filing the appeal and the appeal is not yet registered. Taking into consideration the 2 circumstances noted in the application, application is allowed in terms of prayer clauses (a), (b) and (c). 2 Respondent nos.7, 3 and newly added legal heirs of the respondent no.2 be served within six weeks. In addition to regular service, private service by R.P.A.D. is also allowed. Applicant shall file affidavit of service with acknowledgment failing which the application and appeal shall stand dismissed to the extent of unserved respondents. (J.H. BHATIA,J.)