- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL (St) NO.14774/2006 The State of Maharashtra, through Collector, Osmanabad, and two others. ...Appellants.. Versus Nanasaheb Kishanrao Deshmukh & another. ...Respondents... ..... Mrs.R.K. Ladda , AGP for appellants. Appeal against respondent no.1 abated as per Court’s order dated 6.2.2009. Respondent no.2 served. ..... CORAM: R.M. BORDE, J. DATE: 15.09.2009 PER COURT: This appeal by the appellants – original defendants raises exception to the judgment and decree passed by the 1st Ad Hoc Additional District Judge, Osmanabad, in Regular Civil Appeal No.274/2000 on 3.1.2006 thereby reversing the judgment and decree passed by the Joint Civil Judge, Senior Division, Osmanabad, on 9.12.1991 in Special Civil Suit No.82/1988. The respondents – original plaintiff nos.1 & 2 instituted suit claiming recovery of damages from the appellants. The instant appeal is presented by the State of Maharashtra - 2 - alongwith Deputy Engineer, B & C Department, Osmanabad and Executive Engineer, Zilla Parishad, Osmanabad. It has been brought to my notice that the appellant no.3 – org.defendant no.3 i.e. the Executive Engineer, Zilla Parishad, Osmanabad, presented a separate appeal being Second Appeal No. 727/2006 raising exception to the aforesaid judgment and decree passed by the first appellate Court. The appeal was taken up for consideration by this Court on 29.8.2008 and the same came to be dismissed summarily. The appellant nos.1 & 2 were also party to the said appeal i.e. Second Appeal No.727/2006. The judgment and decree passed by the first appellate Court, therefore, has merged in the judgment passed by this Court in Second Appeal No.727/2006. Now there remains no appellable order for raising challenge in the instant appeal. The appeal as such is not competent in view of dismissal of Second Appeal No. 727/2006, which was presented by the appellant no.3 herein. The present second appeal, therefore, stands dismissed. (R.M. Borde, J.) ndk/c159091