1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 11. FA/420/2010 With CA/231/2007 In FA/420/2010 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.Rajesh Pardeshi, Adv., h/f Mr. S.V.Gangapurwala, Adv., for the appellant. Mr. S.S.Deshmukh, Adv., for respondent no.1. ... CORAM: K.U.CHANDIWAL, J. DATE:2-3-2010 P.C.:- 1. Heard Mr.Pardeshi, learned Counsel for the appellant extensively. Mr.Deshmukh, Counsel, appearing for the original plaintiff, submits that the directions in terms of clause no.4 of the order passed by learned Jt.Civil Judge, Senior Division, Ahmednagar, dt. 25.1.2006, which ordains, " The defendant no.4 shall part with the vacant possession of suit flat in favour of plaintiff forthwith and further shall pay 2 the plaintiff Rs.1200/- per month towards license fee from the date of suit till vacation of suit- flat." will not be available to be exercised, so far as first part is concerned as, according to Mr.Deshmukh and Mr.Pardeshi that the suit flat itself has been razed. The controversy, according to Mr.Deshmukh, could be centered in relation to payment of Rs.1200/- per month. Mr.Pardeshi for the appellant is unable to furnish further details, as the appellant has not coordinated inspite of there being registered letter sent to him at the given address. The letter returned unserved with endorsement, not residing in the given address. In the situation, I do not see any purpose to keep the appeal pending. It is accordingly dismissed with Civil Application. No costs. (K.U.CHANDIWAL) JUDGE agp/420-10fa