.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3108 OF 2003 IN FIRST APPEAL NO. 15 OF 1998 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Ms.Gajare, A.G.P. for the appellant. CORAM : D.G. KARNIK, J. DATE : 8TH OCTOBER 2008 P.C. P.C. P.C. : 1. This civil application is filed for bringing the legal heirs of respondent no.2 on record. Learned A.G.P. states that respondent no.2 died on 8th November 1995. The application has been made on 19th April 2003. 2. On expiry of 90 days of the death, that is on or about 6th January 1996, the appeal against respondent no.2 stood abated. It has been held by the Supreme Court that abatement is automatic and no order of the Court is necessary for abatement to take effect. There is no prayer made in the application for setting - 2 - aside the abatement. In the circumstances, the prayer for bringing the L.Rs. on record cannot be entertained as the appeal has abated and there is no prayer for setting aside abatement. 3. Civil application is rejected. (D.G. KARNIK, J.)