1 cas877-09 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.877 OF 2009 IN SECOND APPEAL NO.596 OF 1995 Akkatai Janardan Mali since deceased and Ors. .. Applicants Vs. Smt.Dwarkabai Dattu Kanse and Ors. .. Respondents Mr.Prashant Bhavake i/b Mr.N.V.Bandiwadekar for the applicants CORAM: K.K. TATED, J. DATE: 14TH JANUARY, 2011 P.C. 1. Heard the learned counsel for the applicants (legal heirs of respondent no.1). 2. This Civil Application is for dismissing the Second Appeal No.596 of 1995 as abated since the appellant in Second Appeal failed to bring on record heirs and legal representatives of deceased respondent no.1 sole original plaintiff and also of the deceased appellant no.1. 3. The learned counsel for applicant submits that the original plaintiff i.e. respondent no.1 Dattu Parsu Kanse expired on 30.5.02. He further submits that the appellant Smt. Akkatai Janardan Mali expired on 20.7.08. Though they informed the original appellant about these facts, they failed 2 cas877-09 to take appropriate steps. 4. He submits that the respondent no.1 original plaintiff filed regular Civil Suit No.290 of 1979 for declaration of exclusive title over the suit land which is situated at Village Shenoli, Taluka Karad, Dist. Satara and for perpetual injunction. The said suit was decreed by trial court on 23.11.87. Being aggrieved by the said judgment, original defendants preferred R.C.A. No.57 of 1988. The said appeal was dismissed by learned III Additional District Judge, Satara in R.C.Appeal on 5.7.95 and therefore, the present Second Appeal. 5. As the original appellant failed to take appropriate steps to bring the legal heirs on record, civil application is allowed in terms of prayer clause (a) which reads as under: a) This Hon ble Court may be pleased to dismiss the Second ’ Appeal No.596 of 1995 as abated since the Appellants have failed to bring on record the heirs and legal representatives of the deceased Respondent No.1 sole original Plaintiff and – also of the deceased appellant no.1, and accordingly the interim order dated 29.9.1995 passed by this Hon ble Court in ’ Civil Application No.5354 of 1995 in the said Second Appeal No.596 of 1995 may kindly be vacated forthwith. 6. Civil Application is disposed of accordingly. (K.K. TATED, J.) 3 cas877-09