spb/- 1 cas1678-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 1678 OF 2010 IN SECOND APPEAL NO. 1024 OF 2006 Dattatraya Waman Padale & Ors. ... Applicants. V/s. Yeshwant Vithoba Padale & Ors. ... Respondents. ----- Mr. V.S. Gokhale for the Applicants. Mr. Mr. P.B.Shah with Mr. Mahesh Rawool and Mr. Vivek Salunke for the Respondent No.1. ----- CORAM : G.S. GODBOLE, J. DATE : 06TH SEPTEMBER, 2011. P.C. : 1 Heard Mr. Gokhale for the Applicants and Mr. P. B. Shah for the Respondent No.1. 2 In the order dated 16.08.2011, two typographical errors are noticed and hence, the same are being corrected as follows : i In line No. 1 of paragraph 1 of the said order, in place of the word “Respondent No.1” the word “Applicants” shall be substituted. ii In line No.3 of Para 1 of the said order, the last word “Respondent” shall be substituted with the word “Applicant”. spb/- 2 cas1678-10.sxw 3 Office to carry out correction in the original order accordingly and load the corrected order on the Website. 4 Mr. Gokhale hands over a photo copy of the Release Deed dated 16.05.2005 executed by Respondent No.7 in favour of the Appellant No. 3. The time to place the said copy on record and annex the same to the Civil Application is extended till today and the copy is taken on record. 5 Perused the registered Release Deed which clearly shows that the suit property bearing Survey No. 28 Hiss No.11A had been released by Respondent No.7 in favour of the Appellant No.3. It is clear that the Appellant No.3 is thus the legal representative of the deceased Respondent No. 7 and Appellant No.3, who is already on record, thus represents her estate. Hence, there is no question of abatement of the Appeal as against Respondent No.7 or any delay in filing C.A. for setting aside abatement. 6 Civil Application is allowed in terms of prayer clauses (b) and (c). Amendment in the title of the Second Appeal to be carried out forthwith in the Court. [G.S.GODBOLE, J.]