1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2838 OF 2008 IN FIRST APPEAL (ST) NO. 12466 OF 2008 Mrs.Homai wd/o Jalaluddin Ahmed ... Applicant (Respondent in F.A.) v/s Salim Alam Mir ... Respondent (Appellant in F.A.) Nobody present for the Applicant. Respondent present in person. CORAM: SMT.NISHITA MHATRE, J. DATED: 6TH MAY, 2010 P.C.: 1. The civil application has been filed for condoning the delay in presenting the first appeal. 2. The appeal has been filed in the year 2008. The respondent is present in person and points out that the appellant has expired on 30.1.2009. The heirs of the appellant have not been brought on record. Hence the appeal has abated. 2 3. The respondent has also filed a civil application bearing No.1724 of 2010 in which he has sought dismissal of the appeal. He has annexed a copy of the death certificate of the appellant. 4. Considering the facts and circumstances of the case, when the heirs of the appellant have not come forward to be impleaded as appellants, the appeal has abated and therefore stands dismissed. The civil application is also dismissed as there is no need to condone the delay in these circumstances. ..... 3