Lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLAATE JURISDICTION CIVIL APPLICATION NO.290 OF 2009 IN SECOND APPEAL NO.323 OF 2006 Sou.Anusaya Ganpati Khot since deceased through L R 1A Savkar Ganpati Khot & ors. : Applicants. Versus Hari Vithu Panhalkiar since deceased through heirs 1a) Maruti Hari Panhalkar & ors. : Respondents. Mr. Vinod Jadhav for the Applicants. CORAM : C L PANGARKAR, J DATED : 29th JANUARY 2010 P.C. 1. Heard the learned counsel for the Applicants. This application has been moved for substitution of the heirs of deceased Appellant No.2. Appellant No.2 is said to have died on 2.2.2001. It is apparent that he had died during pendency of the first appeal itself. It is further clear that in the first appeal one of the heirs viz. Savkar was already on record and the estate of appellant No.2 was very much represented by son Savkar. In view of this, the appeal could not abate. In the circumstances, the application is allowed. Abatement if any stands set aside. Amendment to be carried out within a period of one week. Civil Application stands disposed of. 2. By order dated 6th November 2009 civil application No. 289 of 2009 was already allowed. It seems that amendment is not carried out. Amendment to be carried out just now. [C.L.PANGARKAR,J]