HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR S.A.NO.158 OF 2003 Dt.26.2.2010 Between: Bibi w/o.Hussain Khan and others .. Appellants And M.Banu Bee w/o.Yakub Sah and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR S.A.NO.158 OF 2003 JUDGMENT: Learned counsel for the appellants submits that the appeal is filed by the defendants and the only contesting respondent is the 1st respondent- plaintiff and respondents 2 and 3 in this appeal are also sailing with the appellants and are only pro-forma parties. Since the sole respondent- plaintiff died long back, the learned counsel seeks time to take steps. Learned counsel for the contesting respondent submits that the contesting respondent died as early as in the year 2004 and notice along with the details of the legal heirs were served on the appellants’ counsel on 9.7.2007 and memo to that effect was filed before this Court on 17.3.2009. However, no steps are taken for bring on record the legal representatives of the deceased contesting 1st respondent. Another memo was also filed on 5.10.2009 informing that the 1st respondent died in 2004 and 2nd respondent also died. This Court by order, dated 4.11.2009 had granted two weeks time to the appellants finally to take steps. The said two months have passed since then, but no steps have been taken. The appeal accordingly deserves to be dismissed as abated against 1st and 2nd respondents. Hence, the second appeal shall stand dismissed as abated. As a sequel to the dismissal of the appeal, the interim orders passed in the second appeal also automatically stands vacated. There shall be no order as to costs. _______________________ VILAS V. AFZULPURKAR, J. 26.2.2010 kpr