IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.5063 OF 2007. APPLICATION NO.5063 OF 2007. APPLICATION NO.5063 OF 2007. IN IN IN FIRST FIRST FIRST APPEAL NO.1056 OF 2002. APPEAL NO.1056 OF 2002. APPEAL NO.1056 OF 2002. Moinuddin Shukrulla & Ors. ...Applicants Versus. Zahirullah Shukrulla Ansari ...Respondent Ms Deepa Sawant for the Applicants. Shri B.A.Lawate for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. 27th 27th 27th February, 2008. February, 2008. February, 2008. P.C.: P.C.: P.C.: 1. Heard advocate appearing for the applicants. The advocate on record for the respondent seeks time on the ground that counsel engaged by him is not available. 2. Time cannot be granted as the only prayer in this application is for restoration of the First Appeal which was dismissed for non prosecution for non removal of office objections. The objection raised by the office was that the fourth appellant (fourth plaintiff) had expired during the pendency of the suit in the trial Court and his heirs have not been brought on record. For non removal of said objection, the appeal has been dismissed for non prosecution. 3. It is obvious that the suit itself stood abated in so far as appellant No.4 is concerned. The legal effect of abatement of the suit in so far as appellant : 2 : 2 : 2 : No.4 (original plaintiff No.4) is concerned, can be considered at the time of hearing of the appeal. Though prayers (c) and (d) of this application cannot be granted, the prayers (a) and (b) will have to be granted. In the circumstances, I pass following order: (i) Prayers (c) and (d) are rejected. (ii) The order dated 03rd September, 2007 is quashed and set aside and the First Appeal is restored to the file. It is, however, clarified that heirs of the appellant No.4 cannot be brought on record as the appellant No.4 had expired during the pendency of the suit. (iii) There will be no orders as to costs. Judge. Judge. Judge.