1. Heard Mr. Talkute, Advocate for the Appellants and Mr. Umesh Mankapure, Advocate for the Respondent Nos. 1 to 3.

2. On 12/9/2011 following order was passed:

“1. Heard Mr. Talkute, Advoate for the Applicants and Mr. Mankapure, Advocate for Respondents. Copy is not served on the Advocate Mr. Mankapure.

2. Considering the prayers in these Civil Applications, the same are being disposed off by hearing Advocate Mr. Talkute. Respondent No. 5 Bhagirathibai Maruti Dhane died on 15/4/2009 and Respondent No. 6 Gangubai Khashaba Kurne died on 6/1/2008; both during the pendency of the Civil Appeal No. 149 of 2004 in the District Court at Satara. Hence, abatement, if any, as against them, has taken place in the District Court itself and hence, there is no question of either delay or setting aside abatement. In view of this, both the Civil Applications are dismissed as not maintainable.

3. The question regarding the legal effect of the death of the said Respondents on the merits of the aforesaid Appeal in the District Court will be considered at the time of hearing the Second Appeal for admission, which is not yet admitted. For that purpose, retain a copy of this order in the origin