1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.54/2010. (Dr.Mustafa Khan s/o Mansoor Khan Vs. Chief Officer, Municipal Council, Ambejogai and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SS Kazi, Adv. For petitioner; Mr.Karad, Adv. h/for Mr. SS Thombre, Adv. For Resp.Nos. 3 to 5; Mr.SB Khan, Adv. h/for Mr. MBW Khan, Adv. For Resp.No.6. *** CORAM : K.U.CHANDIWAL ,J. DATE : 16 th November, 2010. ... 1) Heard. 2) Owing to death of defendant no.2, delay in bringing the legal representatives on record, the learned Judge felt that the entire suit warrants abated. Such order of the learned Judge assigning the reasons of a common cause of action is contrary to the record, calls for interference. The abatement could not have been so done, as was effected and particularly in the light of the pleadings of the defendant nos.3 to 5 claiming to be the purchasers of the property from the original owner, defendant no.2. The order is set aside, the Civil Revision Application is allowed, the suit is restored to 2 original position. 3) The revision applicant to move the learned Judge for bringing the legal representatives of the original defendant no.2 and on its own merits such application will be decided. No costs. (K.U.CHANDIWAL) JUDGE bdv/