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. CIVIL CIVIL CIVIL APPLICATION NO.5187 OF 2007. APPLICATION NO.5187 OF 2007. APPLICATION NO.5187 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL (ST) NO.20400 OF 2007. APPEAL (ST) NO.20400 OF 2007. APPEAL (ST) NO.20400 OF 2007. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri M.B.Kotak for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATE DATE DATE : 03rd MARCH, 2008. : 03rd MARCH, 2008. : 03rd MARCH, 2008. P.C.: P.C.: P.C.: 1. Heard advocate for the applicant. None appears for the second respondent. Office noting shows that the first respondent has expired on 28th November, 2004 i.e even before the impugned judgment and order was passed. 2. Shri Kotak submits that it was not necessary to serve notice to the first respondent of the Claim Petition filed by the applicant and the death of the first respondent during the pendency of Claim Petition will have no effect. However, in so far as the effect of death of the first respondent is concerned, the same will be considered when the appeal is heard for admission. 3. The application stands abated as against : 2 : the first respondent. None appears for the second respondent. Sufficient cause is made out for condonation of delay. Rule is made absolute in terms of prayer clause (a). It is made clear that appeal also stands abated as against the respondent No.1. Judge. Judge. Judge.