1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A. NOS. 7203/06 & 7775/08 IN FIRST APPEAL ST. NO. 16730/06. MIDC .vs. Baburao C. Gaikwad & another ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Ms. A. Athlye, Advocate holding for Mr. M.M. Agnihotri, Advocate for the appellant, Mr. R.S. Parsodkar, Advocate for respondent nos. 1 & 4. CORAM : PRASANNA B. VARALE, J. DATED : MARCH 5, 2009. CIVIL APPLICATION NO. 7203/06 : Heard the learned Counsel for the parties. This is an application for condonation of delay. For the reasons stated in the application, the delay is condoned. The application is allowed accordingly. CIVIL APPLICATION NO. 7775/08: Heard the learned Counsel for the parties. Mr. Parsodkar, learned Counsel for the respondent no.1, also placed on record a copy of the order in First Appeal No. 822/06 dated 5.2.2008 (Coram : A.P. Lavande & P.B. Varale, JJ.) to which I was a party. The view is taken that the said appeal is dismissed in view of the decision of this Court in MIDC .vs. Shaikh Khatinabi & others : 2008(1) ALL MR 654. Ms. A. Athlye, learned Advocate holding for Mr. M.M. Agnihotri, learned Advocate for the appellant, fairly concedes and 2 is not seriously disputing the position. In view of these facts, the appeal deserves to be dismissed. In view of above, the appeal stands dismissed with no order as to costs. JUDGE. J.