5. casst 18218­11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION (ST) NO. 18218 OF 2011 IN SECOND APPEAL NO. 481 OF 1991 Hari Dada Patil .. Applicant Vs Shahasim Karim Jamdar & Ors (since deceased through LRs) Mamunbai Shahasim Jamdar & Ors .. Respondents Ms. A.R.S Baxi for the Applicant Mr. Nagesh Y. Chavan i/b T.S. Ingale for Respondent No. 2(a) CORAM : GIRISH GODBOLE, J. DATE : 5th AUGST, 2011. P.C.: 1. Heard both the learned Advocates. 2. On 7th July 2011, the following order was passed: 1. Office to issue notice to the added Respondent No.6 returnable after 8 weeks. Advocate for the Appellant to supply requisite copy of the amended memo of Second Appeal for service on added Respondent No.6 within two weeks. 2. The Second Appeal has been dismissed for non removal of office objection as against Respondent Nos. 1 (B), 1(C) 1(E), 1(G) and (H) by orders of the Registrar (Judicial) on 1 5. casst 18218­11.doc 16/4/2008 and 20/8/2008. In so far as Respondent No.1(B) is concerned, the Appeal was dismissed for failure to bring the heirs of Respondent No. 1(B) on record. Hence, the Appeal has already stood abated as against the Respondent No. 1(B). This will not preclude the Appellant to file appropriate civil application for setting aside abatement and bringing legal heirs on record if the Appellant so desires. In so far as Respondent No. 1(C), 1(G) and 1(H), Mrs. Baxi seeks two weeks’ time to file appropriate civil application and prays that filing of affidavit in support of the said civil application should be dispensed with. The prayer is reasonable and accordingly, the Advocate for the Appellant may file civil application for restoration of the Second Appeal as against Respondent Nos. 1(C), 1(G) and 1(H) and make prayer for dispensing with the affidavit. If such Civil Application is filed on or before 27/7/2011, the same shall be listed for orders on 29th July, 2011. 3. The Appellant is also granted leave to correct the address of the Respondent No. 1(H) in the title of the Second Appeal by making amendment which shall be carried out forthwith. 3. Pursuant to the said order, this Civil Application has been filed after correcting the address of Respondent No. 1(H). 4. For the reasons recorded in paragraphs 2 to 5 of the Civil Application, the same is allowed in terms of prayer clauses 1 to 4. 2 5. casst 18218­11.doc 5. Notices of the Second Appeal No. 481 of 1991 be issued to Respondent Nos. 1(C), 1(E), 1(G) and 1(H) at the correct address and shall be made returnable after eight weeks. [ GIRISH GODBOLE, J ] 3 5. casst 18218­11.doc 4