: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.229 OF 1999 SECOND APPEAL NO.229 OF 1999 SECOND APPEAL NO.229 OF 1999 Auba Sakharam Mali ...Appellant V/s. Subhabai Dhondiba Divase & Ors. ...Respondents Mr.S.G. Deshmukh and R.D. Suryawanshi, Advocates, for the Appellants. . Mr.Ghaisas, Advocate, for the Respondents. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 29TH FEBRUARY, 2008. DATE : 29TH FEBRUARY, 2008. DATE : 29TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. In view of order passed in Second Appeal No.269 of 1999, it is obvious that the Appeal stands abated as against the 2nd respondent and the Appeal does not survive and the same is required to be dismissed. However, Advocate for the appellant states that till today there is no service report in this Second Appeal for recording that the 2nd respondent is dead. He, therefore, states that order of dismissal may not be passed today. 2. If application for setting aside abatement of the Appeal as against the 2nd respondent is not made within a period of six weeks from today, the Appeal will stand dismissed without further reference to the Court. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]