IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO. 1427 OF 1994 APPLICATION NO. 1427 OF 1994 APPLICATION NO. 1427 OF 1994 IN IN IN SECOND SECOND SECOND APPEAL ST.NO. 7636 OF 1994 APPEAL ST.NO. 7636 OF 1994 APPEAL ST.NO. 7636 OF 1994 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 23rd February, 2005. : 23rd February, 2005. : 23rd February, 2005. P.C.: P.C.: P.C.: 1. The report of the Bailiff dated 8th October 2003 records that the Respondent No.1 has expired two to three years prior to the date of the said report. No steps are taken for bringing on record legal representatives of the deceased Respondent No.1. Hence the Application stands abated as against the Respondent No.1. 2. Respondent No.1 is the original Plaintiff in whose favour decree for possession has been passed. As the Application stands abated as against the Respondent No.1, the Application cannot survive against Respondents No.2. In view of the abatement of the Application as against Respondent No.1, this Application does not survive and the same is rejected. Judge. Judge. Judge.