: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.91 OF 2007 CIVIL APPLICATION NO.91 OF 2007 CIVIL APPLICATION NO.91 OF 2007 IN IN IN FIRST APPEAL (ST.) NO.21829 OF 2006 FIRST APPEAL (ST.) NO.21829 OF 2006 FIRST APPEAL (ST.) NO.21829 OF 2006 Bank of India, Pune ...Applicant V/s. K.B. Shingote & Co., Pune & Ors. ...Respondents Mr.Naresh S. Fadia, Advocate, for the Applicant. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. DATE : 10TH MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard learned Advocate appearing for the applicant. 2. The 2nd respondent had died during the pendency of the suit. It is pointed out that respondent Nos.3 to 5 are the legal representatives of the deceased respondent No.2. Hence there cannot be any abatement as against respondent No.2. Rest of the respondents are served. None appears for them. 3. Sufficient cause is made out. Rule is made absolute in terms of prayer clause (a). [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]