1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 1366 OF 2004 Mannalal Hiralal Agrawal Died through L.R.s Suryakalabai Mannalal Agrawal .. .. Appellant Versus Nandlal Govindram Gunwani and others .. .. Respondents Mrs C. S. Deshmukh , Advocate for the Appellant - absent. The appeal dismissed against respondents No. 1 to 3 and 5 as per Court's order dated 09.10.2009. Mrs. A. N. Ansari, Advocate for the Respondents No. 4 and 6. CORAM : N. D. DESHPANDE, J. DATE : 15TH DECEMBER, 2009. ORAL ORDER : 1. Today when called out twice none appeared for the appellant. Mrs. Ansari is representing the respondents No. 4 and 6 and urged for dismissal of the appeal. On 11th December, 2009, when the appeal was fixed for hearing none appeared for the appellant. From record it is seen that appellant's suit bearing Regular Civil Suit No. 857/1986 for possession was dismissed on 31.03.1995. So also the appellant's first appeal bearing Regular Civil Appeal No. 180/1995 came to be dismissed on 01.08.2002. Against the said concurrent findings present second appeal is filed. 2 2. It appears that appellant is not interested to proceed further with the appeal. Today the appeal is kept for orders. The second appeal stands dismissed in default for want of prosecution. The second appeal is disposed of accordingly. [ N. D. DESHPANDE, J.] bsb/Dec. 09