[1] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.736 OF 1999 IN WRIT PETITION NO.1631 OF 1983 The Municipal Commissioner of Greater Bombay & Anr. .... Appellants Vs. Hari Shankar Hingu Mishra & Ors. .... Respondents Ms A.R. Joshi for the Appellants. Sarvasri S.L. Kanuga h/f S.P. Kanuga for the Respondent Nos.1 to 3. Shri Rajiv J. Mane, AGP, for the Respondent Nos.4 and 5. CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & CORAM: R.M.S. KHANDEPARKAR & D.G. KARNIK, JJ. D.G. KARNIK, JJ. D.G. KARNIK, JJ. DATED: JUNE 06, 2007 DATED: JUNE 06, 2007 DATED: JUNE 06, 2007 P.C: P.C: P.C: When the matter had come up for hearing on 29-3-2007, the Court was informed that the Advocate for the respondent Nos.1 and 2 under his letter dated 23-3-2007 had informed the Advocate for the appellants that the respondent Nos.1 and 2 had expired and time was taken to take appropriate steps to bring the legal heirs on record. It was also informed on that day that the letter dated 23-3-2007 discloses that the respondent No.1 had expired on 7-4-2004. However, the date of death of the respondent No.2 was not revealed. In any case, since no legal heirs of the respondent No.1 have [2] been brought on record who expired on 7-4-2004, the appeal abates as far as the respondent No.1 is concerned. Since the impugned order is not severable as such as far as the respondent No.1 is concerned, the appeal, therefore, stands abated against all the respondents. Order accordingly. (D.G.Karnik, J.) (R.M.S.Khandeparkar, J.) sjs/J7a736.99 sjs/J7a736.99 sjs/J7a736.99