:1: 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 APPELALTE JURISDICTION CIVIL APPELALTE JURISDICTION CIVIL APPELALTE JURISDICTION CIVIL APPLICATION (ST)NO.5835 OF 2005 CIVIL APPLICATION (ST)NO.5835 OF 2005 CIVIL APPLICATION (ST)NO.5835 OF 2005 IN IN IN FIRST APPEAL NO.1390 OF 2003 FIRST APPEAL NO.1390 OF 2003 FIRST APPEAL NO.1390 OF 2003 IN IN IN B.C.C.C. SUIT NO. 11 OF 2002 B.C.C.C. SUIT NO. 11 OF 2002 B.C.C.C. SUIT NO. 11 OF 2002 Yusuf Vali Mohammed Bilakhya .. Applicant V/s. Budhiya Vesta Patel & Ors. .. Respondents ----- Mr.Adv.Mohan Jaykar i/b. M/s.Khaitan & Jaykar for Applicant. Mr.Aditya Khandeparkar for Respondent No.1. Ms.Leena Sawant for Respondent Nos.2 to 7. Mr.Godbole for Respondent Nos. 8 & 9. Mr.Hasan Shaikh S.O. of Court Receiver. CORAM : DR.S.RADHAKRISHNAN,J. CORAM : DR.S.RADHAKRISHNAN,J. CORAM : DR.S.RADHAKRISHNAN,J. DATE : 13TH JUNE, 2006. DATE : 13TH JUNE, 2006. DATE : 13TH JUNE, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Counsel for the parties. The learned Counsel for the Applicant states that the original Respondent No.1 i.e. Budhiya Vesta Patel has died on 5th December, 2004. This Civil Application has been taken out in the month of March, 2005. For the reasons stated therein, the Civil Application is made absolute in terms of prayer clauses (a) & (b). Amendment to be carried out within a period of two weeks from today. (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)