21-sa-299-1994-casst-19728-2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 299 OF 1994 WITH CIVIL APPLICATION (ST) NO. 19728 OF 2019 WITH CROSS OBJECTION(ST) NO. 11326 OF 1996 IN SECOND APPEAL NO. 299 OF 1994 Dattu Tukaram Nimbalkar(Deceased by his heirs) Smt. Yashoda Dattu Nimbalkar and Ors … Appellants/Applicants vs. Babu Tukaram Nimbalkar and Ors … Respondents Mr. Omkar Nagvekar i/b. Mr. Sudhir Sadavarte for Appellants/Applicants Mr. Tejpal S. Ingale for Respondent No.1. CORAM : GAURI GODSE, J. DATED : 16th JANUARY 2025 ORDER: 1. By order dated 5th December 2024, last opportunity was given to take steps for setting aside abatement of the second appeal against the appellant nos. 2 and 3 and against respondent no.1. 2. Learned counsel for the appellants submits that he has no instructions regarding heirs and legal representatives for filing Page no. 1 of 2 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2025.01.18 17:27:26 +0530 21-sa-299-1994-casst-19728-2019.doc application for setting aside abatement. 3. In view of abatement of the second appeal against appellant nos. 2 and 3 and against respondent no.1, the entire second appeal stand abated. 4. Hence, the second appeal is dismissed as abated. In view of dismissal of the second appeal, the pending application is disposed of as infructuous. (GAURI GODSE, J.) Page no. 2 of 2