IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. SECOND SECOND SECOND APPEAL NO.303 OF 2002. APPEAL NO.303 OF 2002. APPEAL NO.303 OF 2002. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Ms Jai Mhaskar for the Appellant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 11th February, 2008. : 11th February, 2008. : 11th February, 2008. P.C.: P.C.: P.C.: 1. Appeal stands abated as against the respondent No.5. It is obvious that if order of abatement against respondent No.5 is not set aside, the Second Appeal will not survive. 2. However, the learned advocate for the appellant pointed out that an application for setting aside abatement as against respondent No.5 and respondent No.1 has been already sent for affirmation. 3. In view of this statement, stand over till 04th March, 2008. It is made clear that if application is not filed for setting aside abatement of the appeal against the respondent No.5 on or before 03rd March, 2008, the appeal will stand dismissed for non prosecution without further reference to the Court. : 2 : Judge. Judge. Judge.