- 1 - 16-cas-1644-2010 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1644 OF 2010 WITH CIVIL APPLICATION NO.1645 OF 2010 IN SECOND APPEAL NO.851 OF 2006 Shri Abdul H. A. Patel .. Applicant V/s. Smt. Salamabibi H. Patel & Others .. Respondents. Mr. Hiranandani i/b. Mr. C. G. Gavnekar, for Applicant. Mr. D. Pagare i/b. Mr. R.S. Datar, for Respondent Nos.1 and 2. Mrs. Anamika i/b. Mr. S. V. Gavand, for Respondent Nos.4A to 4E , 4G to 4J and 4I. CORAM : G.S.GODBOLE,J. DATE : 11th OCTOBER, 2011. P.C. 1 The Civil Application No.1644 of 2010 has been filed for bringing heirs of deceased Respondent No.2- Abdul Hamid Daud Patel on record as he has died on 18th February, 2004 i.e. after the filing of this Second Appeal on 28th October, 1999. - 2 - 16-cas-1644-2010 2 The Civil Application No.1645 of 2010 is filed for bringing heirs of deceased Respondent No.4- Matawali Mohamad Hussain Abdulla who died on 14th August, 1994. The suit for partition was decreed on 31st July, 1991 and Civil Appeal No.120 of 1991 filed by Defendant No.1 was allowed on 25th November, 1998. It is thus clear that Respondent No.4 had died on 14th August, 1994 during pendency of the said appeal. Perusal of the record shows that Respondent No.4 was the formal party and no relief has been claimed against him and he remained absent and was proceeded ex-parte. In view of this, since he had died during the pendency of Appeal in the District Court, there is no question of abatement as against Respondent No.4. Hence, Civil Application No.1645 of 2010 is not maintainable as the same was not required to be filed. With the aforesaid clarifications, Civil Application No.1645 of 2010 is disposed off. 3 In Civil Application No.1644 of 2010- service on Respondent Nos.2B and 2C is not effected. Hence, issue fresh notice to the said Respondents, returnable after 14 weeks. 4 In addition to service through Court, Advocate of the Applicants is also permitted to send private notice by RPAD or Speed Post - 3 - 16-cas-1644-2010 AD and file Affidavit of Service only if acknowledgment is received or postal envelope is returned with remark “refused.” (G.S.GODBOLE,J.)