AO.776-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER No. 776 OF 2010 Mohamed Saheb Jainuddin (since deceased, represented through I.R.) & Anr. .. Appellants Vs. Boivali Girirath CHS Ltd. & Ors. ..Respondents Mr. D. N. Hungund, for the Appellants. CORAM : R. C. CHAVAN, J. DATED : JULY 27, 2010. P.C. : 1. This appeal is directed against the order dated 10th October, 2009 passed by the learned Judge, City Civil Court, Dindoshi in Notice of Motion No. 881 of 2009 whereby he set aside the order dated 15th June, 2009 of dismissal of the suit and restored it, subject to the costs of Rs.1,000/-. 2. Present appeal is preferred by the defendants. The Notice of Motion was only for restoration of suit which was dismissed in default. It was pointed out on behalf of the defendants that defendant No.2 has AO.776-10 - 2 - expired long back and his heirs were not brought on record, suit had abated against defendant No.2. The learned Judge needlessly observed that the suit would have abated only against defendant No.2; since he was not required to go into question at that time and would be required to decide whether suit abated against defendant No.1 alone or as a whole when he considers the prayer for bringing L.Rs. of defendant No.2 on record, if such an application is made. Therefore, impugned order does not call for any interference. Appeal is dismissed, directing the learned trial Judge to ignore his observations in the order that the suit abated only against defendant No.2 and not against the other defendants, which question he would have to decide at the appropriate stage. Sd/- [R. C. CHAVAN, J.]