1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.523 OF 2006 WITH CIVIL APPLICATION NO.5732 OF 2006 Shaikh Gayas Haidar, R/o. Savda, Taluka Raver, District Jalgaon. .. Appellant Versus Chiraguddin Shaikh Baksu Musalman, R/o. Savda, Taluka Raver, Dist.Jalgaon, and others. .. Respondents ... Mr. S.P. Brahme, Advocate for the appellant. None for the respondents. ... CORAM : K.K. TATED, J. DATE : 7th JULY, 2009 PER COURT : 1. Heard learned Counsel for the appellant. 2. Present Second Appeal is preferred by the original defendant No. 4 challenging the 2 judgment and decree dated 10-02-2006 passed by the First Ad hoc Additional District Judge, Jalgaon in Civil Appeal No.243/1995 arising out of the judgment and decree dated 31-08-1995 passed by the Civil Judge, J.D. Raver in Regular Civil Suit No. 80/1984. 3. Present Second Appeal is abated against respondent No. 1 - original plaintiff as per order dated 13-03-2009. Therefore, nothing survives in the present Second Appeal and same is dismissed. 4. In view of the dismissal of Second Appeal, nothing survives in the Civil Application and same is rejected. ( K.K. TATED, J.) sut/JUL09/sa523.06 3