:1: pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 170 OF 2009 IN FIRST APPEAL NO. 2150 OF 2008 Smt. Kundabai Raghunath Bhagat and ors. ..Applicants Vs. M/s. Saini Hotels Pvt. Ltd. ..Respondents Mr. Jayesh Bhatt for applicants. Mr. A.A. Kumbhakoni i/by Mr. Sandesh Patil for respondent. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 16, 2009. Date : January 16, 2009. Date : January 16, 2009. P.C.: P.C.: P.C.: 1. Heard Mr. Bhatt the learned counsel for the applicants. The applicants pray for recall of the order dated 7/1/2009 passed by us in First Appeal No. 2150 of 2008. 2. We have noted from the application and more particularly prayer clauses, that the application :2: proceeds on the basis of abatement of the appeal qua appellant no.1. However, we have dismissed the appeal qua appellant no.1 as he died before the appeal was filed and an appeal on behalf of a dead person would not survive. 3. Mr. Bhatt relied upon the decision in the case of Mohammed Arif vs. Allah Rabbul Alamin and ors. [AIR 1982 SC 948]. We have perused the same and we are satisfied that the same is not applicable to the facts of this case in as much as in the instant case it is not an order of abatement but it is an order of dismissal of the appeal qua appellant no.1. 4. Hence the application is rejected. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)