1 cas163.09 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 163 OF 2009 IN SECOND APPEAL NO. 28 OF 1991 Shabuddin Rahiman Mujawar. ....Applicant. Vs. Babu Rasul Mujawar & ors. ....Respondents Mr. Rakesh Patil h/f. S.G.Deshmukh, Advocate for Applicant. Mr. Hiranandani h/f. Mr. C.G. Gavanekar, Advocate for the Respondent No. 1. Mr. N.J. Patil, Advocate for Respondent Nos. 6A & 6B. CORAM:- GIRISH GODBOLE, J DATED:- AUGUST 23, 2011 P.C. 1. By this Civil Application, the Applicant essentially prays for deleting name of Respondent No. 9 Smt. Mahirajbi Shiraj Mujawar who has died on 27/10/1999. The Applicant has made a statement in paragraph-2 of the Civil Application that she had left behind no heirs or legal representatives. In view of this, there is no question of delay. Prayer clause A is redundant. The Applicant is allowed to delete the Respondent 2 cas163.09 No. 9 at their risk. It will be open to the other Respondents to either file an affidavit or file Civil Application and point out that in fact the Respondent No. 9 had left behind any heir or legal representative and if such application or affidavit is filed, the same will be considered on its own merits at the time of hearing of the Second Appeal. The question regarding the maintainability of the Second Appeal on account of deletion of the Respondent No. 9 at the cost of the Applicant will be considered at the time of final hearing of the Second Appeal. 2. Subject to the aforesaid clarification, Civil Application is allowed in terms of prayer clause (B). Amendment to be carried out within 4 weeks. (GIRISH GODBOLE, J)