ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FIRST FIRST FIRST APPEAL NO. 964 OF 1989 APPEAL NO. 964 OF 1989 APPEAL NO. 964 OF 1989 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - None for the Appellants. Mr.Rajesh Parab i/by Mr. D.S.Sawant for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 9th June, 2008 : 9th June, 2008 : 9th June, 2008. P.C. P.C. P.C. . Though served, none appeared for the Appellants. Respondent No.2 not served. First Appeal No. 963/1989 was dismissed for default on 20th March, 2006 which was arising out of the Civil Suit No.5285 of 1977. 2. The present first Appeal is arising out of the Special Civil Suit No.1663 of 1986. The impugned judgment dated 28th August, 1989 is a common judgment. Both the suits are ( 2 ) between the same parties on the same subject and the evidence is also same. 3. In view of the dismissal of the First Appeal No.963/1989, the present First Appeal is, also dismissed for default. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]