S.B.CIVIL SECOND APPEAL NO.193/2008 (Smt.Sayeeda vs. Lrs of Gauri Bai) DATE OF ORDER : 12/12/2008 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Suresh Shrimali, for the appellant. Mr.S.L.Jain, for the respondent. Learned counsel for the respondents had stated before this Court on 10/9/2008 that possession of suit property has already been taken by the plaintiff-respondents. He further submits that this appeal arises out of the preliminary decree, whereas, final decree was also passed in favour of plaintiff respondents and no appeal has been preferred by the appellant defendant against the said final decree. In view of this, the present second appeal arising out of preliminary decree cannot survive. Accordingly, the present second appeal is dismissed. (DR.VINEET KOTHARI), J. item no.10 baweja/-