1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 3364 OF 2011 Vijay s/oKisan Prashad and others Petitioners V E R S U S Shobha w/o Lalmani Mishra Respondent Mr. D.P. Palodkar, Advocate for the petitioners Mr. A.S. Deshpande, Advocate for respondent / sole CORAM : A.V. NIRGUDE, J. DATED : 15th July, 2011 ORAL ORDER : This writ petition is filed against the order dated 15th April, 2011, passed by the learned 5th Jt Civil Judge, Senior Division, Aurangabad, on Exh. 51 of Special Civil Suit No. 147 of 2006. Both the learned counsel appearing for the parties accepted the suggestion that the impugned order should be set aside, but a liberty should be given to the respondents / plaintiffs to make fresh application for setting aside of abatement of suit as against defendant No. 4 and to bring her legal representatives on record. Such application if made, shall be considered on merits. Thus, the writ petition stands disposed of. In view of above, interim order passed stands vacated. ( A.V. NIRGUDE, J. ) SRM/ 2