1 19-cas-1263-2008.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1263 OF 2008 IN SECOND APPEAL NO.914 OF 2007 Tuka Hari Waghmode (since deceased) through his Legal Heirs .. Applicants. V/s. Ramchandra M. Gavade & Others .. Respondents. Mr. S. G. Deshmukh, for the Applicants. None for Respondents. CORAM : G.S.GODBOLE, J. DATE : 26th SEPTEMBER, 2011. P.C.: 1 This Civil Application is filed for condonation of delay in filing Civil Application for setting aside the alleged abatement of the Second Appeal as against Respondent No.4 Maruti R. Gavade who has died on 27th April, 2003, during pendency of Civil Appeal No.373 of 1999 filed by the Appellant which was dismissed by learned Ad-hoc District Judge- I, Islampur on 19th April, 2007. Thus, the Respondent No.4 had died during 2 19-cas-1263-2008.sxw pendency of the Appeal in the District Court itself and the said Appeal had abated against him. Hence, there is no question of abatement of the Second Appeal against him, nor any question of delay in filing Civil Application, nor any question of bringing his heir on record. This Civil Application is, therefore, not maintainable and same is rejected. 2 The legal effect of abatement of Civil Appeal No.373 of 1999 as against Respondent No.4 therein will have to be considered at the time of hearing of the Second Appeal for admission. For that purpose, the copy of this order should be retained in the order sheet of the Second Appeal. (G.S.GODBOLE, J.)