-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT: CIVIL APPLICATION NO. 6368 OF 2005 IN FIRST APPEAL (St.) NO. 28135 OF 2005 -------------------------------------------------------------------------- Office Notes,Office Memoranda of Coram, appearances, Court’s or Judge’s Orders Court’s orders or directions and Registrar’s orders. -------------------------------------------------------------------------- Mr.Chandrashekhar Khambekar i/by Mr.Yadhunath Choudhary for the Applicant. Mr. R.D.Oza for the Respondent No.1. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. CORAM: S.B.DESHMUKH, J. DATE : 5TH OCTOBER, 2006 DATE : 5TH OCTOBER, 2006 DATE : 5TH OCTOBER, 2006 P.C.: P.C.: P.C.: Heard learned Counsel for the parties. 2. Learned Counsel for the respondent no.1, has pointed out that the first appeal (stamp) No. 28135 of 2005 is dismissed, by way of conditional order dated 12th January, 2006. Despite this fact, the present civil application is pending in this Court. Learned Counsel for the appellant is -: 2 :- also heard. 3. Since the First Appeal (Stamp) No. 28135 of 2005 is dismissed by conditional order dated 12th January, 2006, this civil application does not survive and is, accordingly, dismissed. 4. Ad-interim relief, if any, granted earlier, stands vacated. 5. It is made clear that if application for restoration is filed on behalf of the applicant, it shall be considered in accordance with the provisions of law. Sd/- (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.) (S.B.DESHMUKH, J.)