1 cas332.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 332 OF 2010 IN SECOND APPEAL NO. 536 OF 2007 Kerba Krishna Chougule since deceased through Lrs. Parubai K. Chougule & ors. ....Applicants. Vs. Appa Lingappa Chougule since deceased through Lrs. Balasaheb Appa Chougule & ors. ....Respondents Mr. Rakesh Patil h/f. Mr. S.G.Deshmukh, Advocate for Applicants. Mr. G.M. Savagave, Advocate for Respondent Nos. 1 A to 1 C. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 23, 2011 P.C. 1. Perusal of the Civil Application shows that Second Appeal challenges the Judgment and Order dated 20/12/2006 passed by the learned Ad-hoc District Judge-2, Sangli in Regular Civil Appeal No. 308 of 1996. The Respondent No.2 herein namely Namdeo Krishna Chougule is shown to have died on 7/9/2003 i.e. during the pendency of the Appeal in the District Court. Hence there is no question of abatement 2 cas332.10 of the Appeal as against the said Respondent nor is there any question of delay or bringing heirs on record. Hence Civil Application No. 332 of 2010 is disposed of as not maintainable. 2. It is however, clarified that the Appellant will be entitled to agitate the question regarding the tenability of R.C. Appeal No. 308 of 1996 filed in the District Court at Sangli which was allowed by the impugned Judgment and Order dated 20/12/2006 passed by the learned Ad-hoc District Judge-2 in which said Namdeo Krishna Chougule was Respondent No. 2. (GIRISH GODBOLE, J)