1 caf2622 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2622 OF 2010 IN FIRST APPEAL NO. 48 OF 2010 ALONG WITH CIVIL APPLICATION NO. 3636 OF 2009 IN FIRST APPEAL NO. 48 OF 2010 The State of Maharashtra. ... ... Applicant. Versus Hanuman Vilas Keni & Ors. ... ... Respondents. Mrs. S. V. Sonawane, AGP for the Applicant. Mr. Sachin Punde for Respondent Nos.1 to 5, 7 & 8. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 29TH JULY, 2010. P. C. : Heard learned Counsel for the parties. 2. Learned Counsel for the respondents submits that as per his instructions the heirs and legal representatives of the deceased respondent No.6 were already brought on record before the trial Court itself. However, the cause title mentioned in the impugned judgment and decree does not reflect that position. If it is so, it is not a case for setting aside of abatement at all. In that case the parties may have to take steps to get the record of the lower Court corrected else the decree may be later on found to be defective. 3. Learned Counsel appearing for the parties in all fairness submit that 2 caf2622 necessary steps in that behalf will be taken immediately. In anticipation the record of the trial court will be corrected at the request of the parties and in any case since the heirs and legal representatives of the deceased respondent No.6 mentioned in paragraph 6 of the application will have to be brought on record to represent the estate of deceased respondent No.6, we allow this application in terms of prayer clauses (b) and (d). 4. The appellant/applicant shall carry out the amendment in terms of this order forthwith, failing which the appeal shall stand dismissed for non- prosecution without further reference to the Court in so far as respondent No.6 is concerned. 5. Appeal be processed for admission on 3rd August, 2010 subject to above. The Stay application being Civil Application No. 3636 of 2009 be placed along with the appeal. 6. The civil application is disposed of, accordingly. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)