IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.1053 OF 2005 IN SUMMONS FOR JUDGMENT NO.633 OF 2004 IN SUMMARY SUIT NO.1737 OF 2004 M/s Ramnath International ..... Appellants Construction Pvt Ltd. & Anr. vs. Brijendra Kumar Sharma ..... Respondent Mr. P.J. Shah, i/by Vimadalal & Co. for appellants. Ms. Gayatri Rajvansh i/by Anil Agarwal for respondent. Coram : V.C. Daga & Smt. R.P.SondurBaldota, JJ. Date : 18th August 2009. PC : 1. Heard. 2. During the course of hearing, it is brought to our notice that the appellants were aware of the death of the sole respondent, Mr.Brijendra Kumar Sharma who died on 17th November 2006. The correspondence exchange between the parties somewhere in the month of April 2007 is brought to our notice showing the knowledge to the appellants about the said death. In this view of the matter, the appeal has already abated, the same is accordingly dismissed as abated. The photocopy of the correspondence is retained on record. (Smt. R.P. SondurBaldota, J) ( V.C. Daga, J.)