1 23-cas-641-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION srj CIVIL APPLICATION NO. 641 OF 2011 IN SECOND APPEAL NO.497 OF 2005 Sahebrao V. Chavan .. Applicant. V/s. Bhiku M. Mahamulkar (since deceased) through his Legal Heirs & Others .. Respondents. Mr. L. s. Gaikwad, for the Applicant. Mr. Kunjan Thakur i/b. Mr. H. S. Venegavkar, for Respondent Nos. 2 to 7. CORAM : G.S.GODBOLE, J. DATE : 21st SEPTEMBER, 2011. P.C.: 1 Heard the learned Advocates for the parties. 2 The original Plaintiff Bhiku has died on 30th September, 1985 and the suit was dismissed on 31st March, 1989. During pendency of the suit, his heirs were brought on record and - Suresh Bhiku Mahamulkar was also brought on record as Plaintiff No.1. Regular Civil Appeal No.430 of 2 23-cas-641-2011.sxw 1989 filed by the Original Plaintiff was allowed on 3rd November, 2000. Thereafter, this Second Appeal has been filed. 3 According to the Applicant, the said Suresh Bhiku Mahamulkar had died on 29th March, 2000. In view of this, it is clear that Suresh Bhiku Mahamulkar died on 29th March, 2000 which is also evident from the death certificate which wrongly mentioned the name of Bhiku Mahamulkar as deceased. Hence, there is no question of abatement of Second Appeal as Suresh Bhiku Mahamulkar had died during pendency of Civil Appeal No. 430 of 1989 itself. 4 In view of this, this Civil Application is not maintainable and the same is disposed off as not maintainable. 5 The effect of death of Suresh Bhiku Mahamulkar during pendency of Civil Appeal No.430 of 1989 and the question as to whether the entire Appeal abated in the District Court or not, will be considered at the time of final hearing of the Second Appeal which is already admitted by order dated 8th September, 2005. For this purpose, a copy of this order be retained in the original Farad Sheet of the Second Appeal. (G.S.GODBOLE, J.)