1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO.164 OF 1985 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders 1. Heard Advocate Shri V.C. Solshe, Advocate, for the appellant. 2. This is a second appeal filed against the judgment and decree for partition and separate possession passed by learned Civil Judge, Junior Division, Ausa, in R.C.S. No. 170 of 1976 decided on 30.7.1980 which was confirmed by the learned District Judge, Latur with some modifications in three appeals against the same, i.e. R.C.A. Nos. 90/1980, 95/1980 and 96 of 1980 decided by common judgment on 29.4.1985. 2 3. As the things stand, the appeal is dismissed against Respondent No.3 to 7 and the orders of dismissal was passed by the learned Additional Registrar on 21.6.1995 and 30.10.1996. Since the original suit was for partition and separate possession and since this appeal is dismissed against five respondents, appeal does not survive and it has to be dismissed as a whole. Hence, appeal is dismissed accordingly. Date:26/08/2009 (P.R.BORKAR, J.) pnd/sa164.85