IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICTION NO. 3708 OF 2006 CIVIL APPLICTION NO. 3708 OF 2006 CIVIL APPLICTION NO. 3708 OF 2006 IN IN IN FIRST APPEAL NO.1048 of 2004 FIRST APPEAL NO.1048 of 2004 FIRST APPEAL NO.1048 of 2004 SHRI SHAIKH YUSUF SHAIKH ISAAQ ... APPLICANT. SHRI SHAIKH YUSUF SHAIKH ISAAQ ... APPLICANT. SHRI SHAIKH YUSUF SHAIKH ISAAQ ... APPLICANT. VS. VS. VS. ISMILE SHAIKH ABDUL AJIJ ISMILE SHAIKH ABDUL AJIJ ISMILE SHAIKH ABDUL AJIJ THROUGH HEIRS ... RESPONDENTS. THROUGH HEIRS ... RESPONDENTS. THROUGH HEIRS ... RESPONDENTS. MR. A.V.ANTURKAR FOR THE APPLICANT. MR. A.V.ANTURKAR FOR THE APPLICANT. MR. A.V.ANTURKAR FOR THE APPLICANT. MR. S.B.DESHMUKH FOR RESPONDENT NO. 3 TO 15. MR. S.B.DESHMUKH FOR RESPONDENT NO. 3 TO 15. MR. S.B.DESHMUKH FOR RESPONDENT NO. 3 TO 15. MS.MONIKA KHADE FOR RESPONDENT NO.16 AND 17-B. MS.MONIKA KHADE FOR RESPONDENT NO.16 AND 17-B. MS.MONIKA KHADE FOR RESPONDENT NO.16 AND 17-B. CORAM : S.K.SHAH, J. CORAM : S.K.SHAH, J. CORAM : S.K.SHAH, J. DATE : April 4, 2007. DATE : April 4, 2007. DATE : April 4, 2007. P.C.:- P.C.:- P.C.:- 1. None of the proposed legal representatives of 1. None of the proposed legal representatives of 1. None of the proposed legal representatives of the deceased respondent No.1 is present although they the deceased respondent No.1 is present although they the deceased respondent No.1 is present although they were duly served. were duly served. were duly served. 2. Heard the learned Counsel for the applicant and 2. Heard the learned Counsel for the applicant and 2. Heard the learned Counsel for the applicant and the learned Counsel for the Respondents. For the the learned Counsel for the Respondents. For the the learned Counsel for the Respondents. For the reasons stated in the application the abatement of the reasons stated in the application the abatement of the reasons stated in the application the abatement of the appeal as against the Respondent No.1-a to 1-d, is appeal as against the Respondent No.1-a to 1-d, is appeal as against the Respondent No.1-a to 1-d, is hereby set aside. The Civil Application is allowed and hereby set aside. The Civil Application is allowed and hereby set aside. The Civil Application is allowed and made absolute in terms of prayer clause (A) and (B). made absolute in terms of prayer clause (A) and (B). made absolute in terms of prayer clause (A) and (B). Necessary amendment shall be carried out within a Necessary amendment shall be carried out within a Necessary amendment shall be carried out within a period of one week from today. The application stands period of one week from today. The application stands period of one week from today. The application stands disposed of acodingly. disposed of acodingly. disposed of acodingly. 3. Appeal to come up for admission beyond vacation. 3. Appeal to come up for admission beyond vacation. 3. Appeal to come up for admission beyond vacation. ..... ..... ..... [S.K.Shah , J.] [S.K.Shah , J.] [S.K.Shah , J.]