CAF NO.341-10 IN FA NO.1453-96 (1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.341 OF 2010 IN FIRST APPEAL NO.1453 OF 1996 Manjappa Hanumanthappa (deceased) through legal representatives Master Anjani Manjappa & Anr. .. Applicants versus Domingo Thomas Karner & Ors. .. Respondents Mr.S.A.Joshi i/by Mr.S.M.Oak for the applicants. Mr.Ketan Chotani i/by Mr.M.G.Barve for respondent No.3. CORAM : A.S.OKA, J. DATE : 30th August 2010. P.C.: . Heard learned counsel appearing for the applicants and learned counsel appearing for the 3rd respondent. It appears that when the First Appeal was decided on 9th December 2009 it was not brought to the notice of this Court that the sole appellant had expired on 24th February 2007. Thus, the appeal stood abated as on that date. 2. Hence, the judgment in the appeal will have to be recalled and appeal will have to be restored. CAF NO.341-10 IN FA NO.1453-96 (2) 3. Accordingly, application is disposed of by passing the following order: : O R D E R : (a) The judgment and award dated 9th December 2009 in the First Appeal is recalled. (b) The Civil Application is allowed in terms of prayer clause (a). Amendment to be carried out within two weeks. (c) The issue regarding entitlement of the legal representatives of the original claimant to prosecute the appeal is kept open which will be decided at the time of final hearing of the appeal. (A.S.OKA, J)