1 12-cas-1312-2005.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1312 OF 2005 IN SECOND APPEAL (ST)NO.14400 OF 2003 Yashodabai D. Jagtap & Others .. Applicants. V/s. Shewantabai V. Jagtap (since deceased) through her Legal Heirs & Others .. Respondents. Mr. S. Chougule i/b. Mr. Uday Warunjikar, for the Applicants. None for the Respondents. CORAM : G.S.GODBOLE, J. DATE : 26th SEPTEMBER, 2011. P.C.: 1 This Civil Application is filed for bringing heirs of deceased Respondent No.4/1 on record. Said Indubai K. Bhujbal was Defendant No.8 in Regular Civil Suit No.188 of 1985 which was decreed and Respondent No.4 in Regular Civil Appeal No.166 of 1993 which was dismissed on 18th December, 2002. The death certificate shows that Indubai K. Bhujbal had died on 23rd May, 2000 i.e. during pendency of the Appeal. Hence, there is 2 12-cas-1312-2005.sxw no question of abatement of the Second Appeal against her. There is no question of delay in filing Civil Application, nor is their any question of brining her heirs on record. This Civil Application is, therefore, not maintainable and same is rejected. 2 The legal effect of abatement of Civil Appeal No. 166 of 1993 as against Respondent No.4/1 therein will have to be considered at the time of hearing of the Second Appeal for admission. For that purpose, the copy of this order should be retained in the order sheet of the Second Appeal. (G.S.GODBOLE, J.)