1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1279 OF 2009 IN SECOND APPEAL NO. 222 OF 1989 Ramdas Shankar Ahire & Ors. ... Applicants (Org. Defendants) Vs. Shri Gangadhar Laxman Shinde ... Respondent (Orig. Plaintiff) Mr. Dilip Bodake,Advocate, for the applicants. CORAM: J.H.BHATIA,J. DATE : 16th September, 2009. P.C. 1. This is an application for restoration of the Second Appeal No.222 of 1989 which was disposed of as abated by order dated 12.6.2009 on the ground that the sole respondent had expired and his L.Rs. were not brought on record. 2. The learned Counsel points out that on 2.6.2009, the respondent, who is the original plaintiff and decree-holder, was served with a notice from the Civil Court. According to him, the respondent is very much alive and it was wrongly brought to the notice of this Court that the respondent is dead. 2 3. In view of this, the application is allowed in terms of prayer clauses (b) and (c). 4. Notice of restoration of the appeal be given to Shri G.B.Karandikar, Advocate, for the respondent. Application stands disposed of accordingly. (J.H.BHATIA,J.)