1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET SECOND SECOND SECOND APPEAL NO.613 OF APPEAL NO.613 OF APPEAL NO.613 OF 1987 1987 1987 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 11, 2004. AUGUST 11, 2004. AUGUST 11, 2004. P.C.: P.C.: P.C.: 1. The order dated 9th June 2004 records that the Second Appeal has been dismissed as abated as against the Respondent No.1. 2. When the Appeal was called out it was brought to my notice that the Respondent No.1 is the sole Plaintiff. The Appellate Court has passed a Decree in favour of the Respondent No.1-sole Plaintiff. As the Second Appeal has already been dismissed as abated as against the Respondent No.1 the Appeal cannot survive as against the Respondent Nos. 2 and 3 who are original Defendant Nos.1 and 2 against whom the Decree has been passed by the Appellate Court. In view of this position, Second Appeal is dismissed with no order as to costs. Judge. Judge. Judge.