1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.354 OF 1993 WITH CIVIL APPLICATION NO.7808 OF 2008 Sahyadri Bhaujan Vidyaprasarak Samaj, Sangamner, through its Chairman, Bhausaheb Shankarrao Dhumal, age: 65 years, Occ: Advocate, R/o Sangamner, District Ahmednagar. Appellant Versus 1 Sakharam Dagaduji Dube, since deceased, through L.Rs: 1A) Prakash Sakharam Dube, R/o At Post Pemgiri, Tal. Sangamner, District Ahmednagar. 1B) Sonabai Sakharam Dube Appeal is abated against as against Respondents No. 1C) Suman Madhavrao Khilari 1B, 1-C & 1-F. 1D) Shakuntala Balasaheb Deshmukh, R/o Dindori (Nanashi), Tq.Dindori, District Nasik. 1E) Sarala Sureshrao Soundane (since deceased), through L.Rs: 1E-1) Nanasaheb Suresh Patil, age: major, R/o Tandulwadi, Tq.Bhadgaon, Dist.Jalgaon. 1E-2) Suresh Deoram Patil, age: major, R/o Tandulwadi, Tq.Bhadgaon, Dist.Jalgaon. 2 1E-3) Ujwala Deepak Ingle, age: major, Occ: Nil, R/o At Post Naigaon, Tq.Shrirampur, Dist.Ahmednagar. 1E-4) Sau.Sandhya Mahesh Somvanshi, age: major, Occ: Nil, R/o Tandulwadi, Tq.Bhadgaon, District Jalgaon. 1E-5) Swati Nitin Shinde, age: major, Occ: Nil, R/o Kasgaon, Tq.Bhadgaon, District Jalgaon. 1F) Madhavrao Narayan Khilari. Respondents Mr.R.N.Dhorde, advocate for the appellant. Mr.S.K.Shinde, advocate for Respondents No.1A, 1D & 1E. Appeal is abated as against Respondents No.1B, 1C & 1F as per Registrar’s order dated 08.04.2008. CORAM: R.M.BORDE, J. DATE : 23 rd February, 2010. ORAL JUDGMENT: 1 Heard Shri Dhorde, learned Counsel for appellant and Shri S.K.Shinde, learned Counsel for Respondents No.1A, 1D & 1E. 2 The operative portion of decree passed by the trial Court, which is subject matter of this appeal, is as below: “Suit is decreed with costs as follows: Defendant is hereby directed to give the name of late Banubai to any section or building of the 3 Institution and fulfill the condition No.4 of the agreement (Exh.23) within two months from today or to pay Rs. 2,49,000/- plus future interest at the rate of Rs.18% p.a. To its own counsel Shri A.B.Jorvekar for the utilisation of the amount for the purpose for which it was donated as per the desire of the plaintiff expressed in purshis Exhibit-60. Decree be drawn accordingly.” 3 It is pointed out by Shri Dhorde, learned Counsel for appellant that in pursuance to the decree passed by the trial Court, a Resolution was adopted in the meeting of Managing Committee of the Institution on 13.12.1992, thereby resolving to give name of Banubai Revaji Deshmukh to the Library Section of the school. Accordingly, Library Section of School has been named as “Banubai Revajirao Deshmukh Granthalaya” with effect from 01.01.1993. The Resolution is also stated to have been implemented. Copy of invitation in respect of ceremony conducted by the Institution is placed on record along with photographs drawn at the function. 4 On consideration of the material placed on record along with Civil Application No.7808 of 2008, it appears that decree passed by the trial Court has been complied with. In this view of the matter, nothing survives for adjudication in the appeal. 5 Appeal, therefore, stands disposed of. In view of the facts and circumstances of this case, there shall be no order as to costs. Civil Application No.7808 of 2008 stands disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/fa35493