1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR M.C.A.NO.540 OF 2008 IN S.A.NO.455 OF 2003. Zyama Laxman Bhimte ..vs.. Jairam Jagoji Meshram (dead) through L.Rs. Smt.Anjanabai Jairam Meshram and ors. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- C ORAM : C.L.PANGARKAR, J. DATED : 15th September, 2009. 1. Heard Mr.N.R.Saboo, learned counsel for the appellant and Mr.S.C.Mehadia, learned counsel for respondent no.2. 2. This application has been filed for setting aside the order dated 5/10/2007 passed by this court and for restoration of the appeal. 3. This court had after hearing the parties found that the appeal as against respondent no.1 was dismissed as per order dated 16/1/2994 and no further action was taken in the matter. It seems 2 that respondent no.2 is a subsequent purchaser. While passing the order, this court had observed that the appeal was liable to be dismissed on two counts namely; that the appeal as against respondent no.1 has been already dismissed and as far as the appeal as against respondent no.2 is concerned, the same has become infructuous. It is this order which the appellant wants to get set aside. 4. To my mind, such an application is not maintainable. The appellant is, however, at liberty to take appropriate steps and file appropriate proceedings before the court as may be advised to him and the Misc.Civil Application No.540 of 2008 is dismissed. JUDGE. chute