1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.47 OF 1989 (BOMBAY: SECOND APPEAL NO.343 OF 1987) Venubai Amrita Rohomare, deceased, through her L.Rs.: 1A Anna Amruta Rohamare, age: 74 years, 1B Jagannath Amruta Rohamare, age: 70 years; 1C Chandrabhan Amruta Rohamare, age: 67 years, All R/o Pohegaon, Tq.Kopargaon, District Ahmednagar. Appellants Versus 1 Shankar Kisan Pangavhane, age: 27 years, R/o Pohegaon, Tq. Kopargaon, Ahmednagar. 2 Bansi Kisan Pangavhane, age: 22 years, both are agriculturists, R/o Pohegaon, Tq. Kopargaon, Ahmednagar. 3 Bhagu Baburao Kale, age: 55 years; 4 Parwatabai Baburao Kale, age: 60 years; 2 5 Bhamabai Kisan Pangavhane, age: 60 years, 6 Babubai Shrimant Sonawane, age: 40 years, R/o Chincholi Gurav, Tq. Sangamner, Ahmednagar. 7 Jijabai Popat Shinde, age: 38 years, Malegaon, Tq.Kopargaon, Ahmednagar. 8 Narmadabai Changadeo Kale, R/o Kopargaon, Ahmednagar, age: 35 years; 9 Gangubai Thakun Khond, age: 30 years, R/o Malegaon Thadi, Kopargaon. Respondents No.3 & 4 R/o Mahegoan Deshmukh, Tq.Kopargaon, Ahmednagar. Respondent No.5 R/o Mahegaon Deshmukh, Tq. Kopargaon. Respondents Mr.S.D.Kulkarni, advocate for appellants. Mr.R.N.Dhorde, advocate for Respondents No.1, 2, & 5 to 9. CORAM: R.M.BORDE, J. DATE : 19.12.2008. JUDGMENT: 1 This is an appeal by original plaintiff raising exception to the judgment and decree dated 30.07.1981, passed by Civil Judge, Junior Division, Kopargaon in Regular Civil Suit No.736/1975, modified by Assistant Judge, Ahmednagar, on 04.04.1984 in Regular Civil Appeal No.379/1981. 3 2 The first appeal has been decided by the first appellate Court along with another appeal presented by original defendants bearing Regular Civil Appeal No.351/1981. A Second Appeal raising exception to the judgments and decree passed by the Courts below, at the instance of original defendants no.1, 2 & 6 to 9, being Second Appeal No.33/1989, has been dealt with and decided by this Court by a separate judgment delivered today. 3 For the reasons set out while deciding the said appeal, instant appeal presented by original plaintiff does not call for any consideration. 4 Appeal, therefore, stands dismissed. In the facts and circumstances of this case, there shall be no order as to costs. (R.M.BORDE) JUDGE ******* adb/SA4789