1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION [F] NO. 2950 OF 2010 IN FIRST APPEAL No. 510/2006. 1.Shri Krishnarao Nagorao Kedar and another Versus 1.Shri Bhaiyya Krushnarao Kedar and others. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. _______________________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 13.01.2011. Heard Shri G.D. Vaidya, the learned Counsel for appellant no.2 and Shri N.S. Khandewale, the learned Counsel for respondent no.3. By the above Civil Application, the applicant who is the original respondent no.1 to the appeal seeks a declaration that the appeal has abated in so far as the appellant no.1 is concerned. The applicant has annexed death certificate of appellant no.1 issued by the Birth and Death Census Department of Government of Madhya Pradesh 2 dated 05.01.2010. The said certificate discloses that the appellant no.1 - Krushnarao Kedar has expired on 29.12.2009. The learned Counsel for the appellant has not taken any steps to bring his heirs on record and though the above Civil Application has been filed on 25.11.2010 and served upon him, no affidavit in reply has been filed, nor any appearance is put upon on behalf of the appellants today. Civil Application is, therefore, required to be allowed and resultantly it would have to be declared that the Appeal stands abated, in so far as the appellant no.1 is concerned. In so far as the appellant no.2 and respondent nos. 1 and 2 are concerned, they have arrived at a compromise which has been reduced into writing by way of a Compromise Deed dated 27.04.2010. The appellant no.2 as well as the respondent nos. 1 and 2 form part of the same family and have signed the said compromise deed, which is also notarised before the Notary Public – Varsha B. Jaisawal. The said document provides that the appeal would stand withdrawn, in so far as the Appellant no.2 is 3 concerned. In the light of the said Compromise deed, the appeal is disposed of as withdrawn, qua the said parties. No costs. JUDGE Rgd