1 ca 1380.25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 943 CIVIL APPLICATION NO. 1380 OF 2025 IN SA/761/2017 Babulal Murlya Kokani And Others VERSUS Hirabai Babulal Bagul (kokani) And Others ... Advocate for Applicant : Mr. Waramaa B.R. Advocate for Respondents:Mr A.S.Abhyankar h/f Mr.S V Natu ... WITH SECOND APPEAL NO. 761 OF 2017 … CORAM : S. G. CHAPALGAONKAR, J. Dated : March 07, 2025 PER COURT :- 1. Heard learned advocates appearing for the respective parties. 2. One of the appellant i.e. Bandu Shivala Gangurde (original defendant no.1) expired during pendency of this appeal on 25.12.2022. Death certificate is placed on record along with this civil application. 3. Mr. Abhyankar, learned counsel appearing for respondents has placed on record joint purshis dated 12.8.2021 filed by plaintiff and original defendant no.1 informing Executing Court that they have settled dispute and defendant no.1 has accepted claim of plaintiff. After filing this purshis, appellant no.1/defendant no.1 expired. 2 ca 1380.25.odt 4. Learned advocate Mr. Warmaa submits that now L.Rs. of appellant/defendant no.1 are not co-operating with him. Even they do not want to bring themselves as L.Rs. of the appellant in second appeal and proceed with appeal in the capacity of the appellants. 5. In that view of the mater, second appeal so far as appellant no.1 Bandu Shivala Gangurde shall be treated as abated. Appellant nos.2 ,3 and 4 shall be at liberty to proceed with the appeal as per law. Civil application is therefore disposed of in terms of the purshis filed on record of the Executing Court. 6. Second Appeal No.761 of 2017 is adjourned to 12.3.2024. ( S. G. CHAPALGAONKAR, J. ) … aaa-