spb/- 1 ca619-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 619 OF 2011 IN SECOND APPEAL NO. 532 OF 2010 Shri Ankush gangaram @ Hanmant B. Jadhav ... Applicant­Appellant. V/s. Khashaba Maturi Jadhav, deceased through L.Rs.­ A. Smt. Laxmibai Khashaba Jadhav & Ors. . .... Respondents. ­­­ Mr. Dr. Prakash K. Deshmukh for the Applicant. Mr. Vijay Killedar h/for Nitin Jamdar for the Respondents 3 to 8. ­­­­­ CORAM : G. S. GODBOLE, J. DATE : 09th SEPTEMBER, 2011. P.C. : 1 Heard Mr. Deshmukh for the Applicant and Mr.Killedar appearing for the Respondents 3 to 8. 2 This is a Civil Application for setting aside abatement, if any, as against­Baban Maruti Jadhav. The Trial Court dismissed the suit on 14.12.2000 and the said Baban was defendant No.2. Civil Appeal No. 10 of 2001 was decided on 21.07.20110. The Respondent No.2 has died on 6.9.2002 during the pendency of the said Appeal in the District Court. spb/- 2 ca619-11.sxw Hence, there is no question of abatement of the Second Appeal as against that Respondent. The fact that Respondent Nos. 3 to 8 are his only heirs as stated in paragraph 2 of the Civil Application and the same is not disputed. Hence, even Civil Appeal No.10 of 2001 in the District Court would not abate against ­Baban since his other heirs were already on the record. In view of this, this Civil Application deserves to be allowed. There is no question of the delay or abatement and the only question is regarding showing the Respondent Nos. 3 to 8 as representatives of the deceased Respondent No.2. 3 Hence, I pass the following order. i. Prayer (a) regarding condonation of delay is redundant. Part of prayer (b) regarding setting aside the abatement of the Second Appeal is redundant. ii. Civil Application is allowed in terms of prayer clause (aa) and the Applicant is allowed to amend title of the Second Appeal to show the Respondent Nos. 3 to 8 as heirs of deceased Respondent No.2. Amendment to be carried out forthwith in the Court. [G.S.GODBOLE, J.]