KBP 418-92.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.418 OF 1992 (Prithviraj Vs. Vimal) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders None present for appellant. Mr.D.R.Makadik i/b.Mr.S.R.Singh, for respondent. CORAM : A.S.OKA, J. DATE : 5 th December, 2009 P.C. The office note shows that the appellant is duly served with the Court Service notice. None appears for the appellant. No steps have been taken to serve the notice of the appeal to the second respondent whose notice has been returned unserved. Hence, the appeal stands dismissed for non prosecution as against the second respondent. 2] The second respondent is one of the original claimants. The award has attained finality in so far as the said claimant is concerned. Even if the appellant succeeds in the appeal, inconsistent award cannot be passed. Hence, the appeal does not survive and the same is accordingly dismissed. [A.S.OKA, J.]