fa485.1989 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 485 OF 1989 Purushottam Dagadu Mahajan .. APPELLANT VERSUS Sopan Fuka Kale & others .. RESPONDENTS Mr. Y.B. Yawalkar, advocate for respondent nos. 2 to 4, 6 and 7. ===== CORAM : R.M. BORDE, J. DATE : 14 th JUNE, 2011 PER COURT : 1 None appears for the original plaintiff. It also transpires from record that the suit presented by the plaintiff is for claiming relief of specific performance of agreement. Trial court decreed the suit partly and directed refund of consideration amount of Rs.10,000/-. Respondent no. 1 / original defendant no. 1 was only impleaded as party defendant in Special Civil Suit no. 176/1985. It appears that the matter was transmitted to the District Court. An application for amendment was moved and respondent nos. 2 to 8 were impleaded as parties. After transmission of appeal to this court, appellant fa485.1989 2 could not serve respondent nos. 1, 5 and 8. As such appeal stood dismissed as against those respondents in view of order passed on 23 rd February, 2011. As appeal is dismissed as against original defendant no. 1 as well as added respondents, no relief can be granted in favour of appellant / original plaintiff, in this appeal. Appeal therefore stands dismissed. No order as to costs. ( R. M. BORDE ) JUDGE dyb