1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR SECOND APPEAL NO.226/1995 Appellant :- Bansilal s/o Kanhaiyyalal Rathi (Dead) through L.Rs. 1. Kamladevi wd/o Bansilal Rathi, aged about 65 years. 2. Pradeep s/o Bansilal Rathi, aged about 41 years, Occ. Business. 3. Kishor s/o Bansilal Rathi, aged about 39 yrs., Occ. Business. 4. Mahesh s/o Bansilal Rathi, aged about 36 yrs., Occ. Business. 5. Rita w/o Ratanlal Bhutada aged 42 yrs., R/o Near Hindalco Industries Ltd., Court Road, Lohavadaga (Bihar). ...Versus... Respondents :- Rajendrakumar s/o Vijaysingh Mohta Vijaykumar V. Mohata Appeal abated against respondent No.3. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri S.S. Joshi, Adv. for appellants] CORAM:- A.B. CHAUDHARI, J. DATED :- 04.12.2009 Learned Counsel for appellants submits that the appeal is rendered infructuous in view of abatement 2 against respondent No.3. He further submits that respondent Nos.1 and 2 being the defendants, it is not possible to have any relief from this Court in this appeal. Hence, according to him, this appeal has become infructuous. Statement accepted. Second Appeal is disposed of as infructuous. No order as to costs. JUDGE ssw