1 37 caf.3231.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 3231 OF 2011 IN FIRST APPEAL NO. 787 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms Bhavna Khemani i/b Mr.Anil J. Ahuja for the Applicants. Mr. A.R.Patil, AGP for the Respondent / State. CORAM : A.S.OKA, J. DATE : 10 th October, 2011. P.C. . Heard the learned counsel appearing for the parties. 2 Perused the orders dated 9 th August, 2011 and 14 th September, 2011. Though the application deserves to be allowed, the effect of the death of some of the claimants during the pendency of the reference before the trial Court will have to be considered at the time of final hearing of the appeal. 3 Hence, the application is allowed in terms of prayer clause (b) to (j). Amendment shall be carried 2 37 caf.3231.11 out within a period of four weeks from today. 4 It is, however, made clear that issue of maintainability of the reference on account of abatement of the reference as far as some of the claimants is concerned, is kept open which will be considered at the time of final hearing of the appeal. 5 A copy of this order shall be kept on the farad- sheet of the appeal. [ A.S.OKA, J ]