1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 535 OF 2003 IN FIRST APPEAL NO.685 OF 1997 The State of Maharashtra .. Appellant V/s. Mahadeo Raghunath Padval (Since deceased through his LR's) Smt.Smruti Gautam Padval & Ors. ..Respondents Mr.S.N.Gawade for the Appellant/Applicant. Mr.S.B.Shetye for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 4TH, 2008. P.C. By the above Civil Application, the Applicant prays for setting aside of the abeatment 2 which is occurred on account of the death of the Respondent and also praying for bringing the heirs of the sole Respondents on record. 2. Heard Shri Shetye, the learned Advocate appearing for the sole Respondent, who states that he is appearing for the heirs also. In view thereof the Civil Application is allowed in terms of prayer clauses “b”,”c” and “d”. 3. The Civil Application is, accordingly, disposed of. 4. The learned A.G.P. To carry out the amendment in the cause title of the Appeal within four weeks from date. 5. Shri Shetye states that the Appellant has deposited the decretal amount in the Trial Court. In view of the fact that the heirs were not brought 3 on record, the application for withdrawal could not be filed. The heirs would therefore be at liberty to file an application of withdrawal of the decretal amount, if so advised. [R.M.SAVANT, J.]