1 255 sa.240.93 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION SECOND APPEAL NO. 240 OF 1993 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. V.S.Gokhale for the Appellant, CORAM : A.S.OKA, J. DATE : 05 th December, 2011. P.C. . Heard the learned counsel appearing for the Appellant. 2 The Appellant is the original Defendant. The operative part of the decree passed by the trial Court reads thus: “Order (1)It is hereby ordered that present defendant is hereby restrained not to obstruct present Plaintiff from taking tamarind fruits of the said trees situated in block No. 527, 613, 614, 616, 677 and 678 at Jejury belonging to Devi Ahilyadevi Holkar Trust, up to year 1991-92 either by himself or through his agents, servants, or in any other capacity whatsoever. (2)Defendant do pay costs of the suit to Plaintiff and bear his own. 2 255 sa.240.93 (3)Decree be brawn accordingly.” 3 The said decree has been confirmed by the Appellate Court. With the passage of time, now the appeal has become infructuous and the same is accordingly disposed of. [ A.S.OKA, J ]