1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CAF No. 224 of 2011 In FA No. 179 of 1991 The State of Maharashtra and anr v. Dena Bank and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Ms R. Deshpande, AGP for appellants Coram: B. P. Dharmadhikari, J Dated: 3rd October 2011 1. Civil Application No. 224 of 2011 is filed by appellant-State seeking leave to effect substituted service on respondent no. 6. 2. Record shows that respondent no.2 Smt Karimabi and respondent no. 4 Sarfarajkhan have expired some years ago. Said fact is communicated by Talathi, Amravati on 18.11.2010. Thus, period of more than eleven months has expired thereafter. Respondents no. 3 to 5 are disclosed to be dead in this application and their legal representatives are still to be traced out. 3. It is, therefore, apparent that even if Civil Application No. 224 of 2011 is allowed, appeal which has already abated, cannot be prosecuted further. There is no question of permitting such respondents to be served in this situation. 4. It is apparent that appellants have to take appropriate 2 steps in the matter for bringing on record necessary legal representatives for setting aside abatement of moving proper application. Hence, with liberty to the appellants to file appropriate application, present appeal is disposed of as abated. Rule discharged. Judge joshi