1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 732 OF 2009 Late Gulabchand Gendalal Agrawal (Since deceased through L.Rs) Shri Anil Gulabchand Agrawal ... Appellant Versus M/s Ambika Trading Company and others ... Respondents ... Shri.S.P. Shah, counsel for appellant Shri. G.V. Wani, counsel for respondents No.1 to 4 ... CORAM: V.R.KINGAONKAR, J. DATE: 12th November, 2009 PER COURT 1. Heard counsel. 2. It is stated that the appellant handed over the possession as per decree, and therefore, the respondent gave pursis before the executing Court to the effect that the R.D. No. 53 of 2009 may be disposed of as ‘satisfied’. Mr. Wani has placed on record xerox-copy of the possession receipt and xerox-copy of the pursis of 2 the respondent, which are marked as ‘X’ and ‘Y’, respectively. Mr. S.P. Shah states that the delivery of possession is effected. Nothing remains in the second appeal. Moreover, this second appeal is outcome of concurrent Judgments rendered by the trial Court and the First Appellate Court. The only ground which could have been of significance is regarding the nature of authority to Dilipkumar Agrawal to file the suit for and on behalf of the partnership firm. However, on perusal of the appeal memo before the First Appellate Court, it may be gathered that no such ground was raised before the First Appellate Court, and therefore, in this second appeal the same cannot be agitated. Consequently, the second appeal is dismissed. ( V.R. KINGAONKAR, J. ) srm/sa732.09 3