1 3.cas-1605-08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION jmi CIVIL APPLICATION NO. 1605 OF 2008 IN SECOND APPEAL NO. 382 OF 2003. Rajaram Shankar Ghadi. ..Applicant. vs. Sitaram @ Madhukar Baburao Ghadi & Ors. ..Respondents. .... Mr. Y.S. Bhate, for Applicant. Mr. Chandan Shiv R.H., h/f. Mr. Khandeparkar, for Respondent Nos. 1 to 5, 8a, 17. .... CORAM : G.S. GODBOLE, J. DATE : 24TH AUGUST 2011. P.C. : This Civil Application is filed for condonation of delay and for setting aside the abatement and bringing heirs of the deceased Respondent No. 15 Mahadeo Bala Harmalkar on record, who died on 1st April 1995 that is during the pendency of the Suit and before the Trial Court passed Decree in Suit on 22nd October 1996. Hence, there is no question of abatement or setting aside of abatement. Perusal of the record shows that the said Mahadeo Harmalkar was Defendant No. 15 and the Trial Court had decreed the Suit. Hence, the question of legal effect of the death during the pendency of the Suit will be considered at the time of the admission of the Second Appeal. Hence, the Civil Application need not be kept pending and the same is disposed off subject to above clarification regarding 2 3.cas-1605-08 consideration of legal effect of the death of Respondent No. 15 during the pendency of the Suit in the Trial Court. [ G.S. GODBOLE, J. ]