1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 869 OF 2005 Mangala w/o Vasudeorao Joshi & another Appellants Versus Mallikarjun SidramKalshetti (deceased through LRs)& others Respondents Shri Pradeep Deshmukh, Advocate for the appellants. Shri Mukul Kulkarni, Advocate for respondent nos. 1A, 1C and 1D. Shri R.K. Ashtekar, Advocate for respondent no. 5. CORAM: R.M.BORDE, J. DATE : 13th August, 2009. PER COURT .: 1 It is pointed out by learned counsel appearing for the respondents that as against judgment and decree passed by the trial court in Regular Civil Suit no. 112/1981, two separate appeals were presented by the original defendants being Regular Civil Appeal no. 1/1992 and 4/1992. Appeals presented by the defendants were allowed and the judgment and decree passed by the trial court has been set aside by the District Judge, Osmanabad in view of judgment and order dt.3-9-2002. 2 Judgment and decree passed by the first appellate court was subjected to challenge at the instant of original plaintiffs in two different appeals being Second Appeal nos. 1557/2004 and the instant appeal. It has been pointed out that Second Appeal no. 1557/2004 was taken up for consideration by this court on 18-3-2009 and the same has been dismissed summarily. In view of dismissal of Second Appeal no. 1557/2004 and confirmation of the judgment and decree passed by the first appellate court, the instant second appeal which also arises out of the common judgment and decree passed by the first appellate court does not call for any consideration. Appeal therefore stands dismissed. 2 In view of dismissal of the appeal, pending civil application, if any, does not survive and stands disposed of. (R.M.BORDE) JUDGE ******* dyb/sa869.05.odt 3