1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA NO. 520 OF 2004 IN SECOND APPEAL NO. 159 OF 1988 (Shriram Daulat Patil & Ors. vs. Arun Namdeo Araj & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 16, 2009. Shri Palsokar, learned counsel for respondents 1(B) & 3 (A to E) points out that as Misc. Civil Application is already dismissed against Respondents No. 1A, 1D and 2, the judgment and the decree of lower appellate Court has attained finality as against them and there cannot be any inconsistent decree passed by this Court even if the appeal filed by the present applicants is restored. He, therefore, contends that the entire MCA itself has become infructuous. Shri Lambat, learned counsel for the applicants is opposing the contentions. With the assistance of both learned counsel I have perused the judgment and decrees delivered by the lower Court. The suit filed by the applicants/ plaintiffs for redemption and for possession or in the alternative for reconveyance of 2 suit property was decreed by the trial Court on 14.9.1984 and the defendants then filed Regular Civil Appeal which came to be allowed on 30.11.1987 by the District Judge, Buldhana. Second Appeal was then filed and present Misc. Civil Application is now for restoration of Second Appeal. It is apparent that in these circumstances, there cannot be any inconsistent decrees passed and therefore, Second Appeal cannot be prosecuted only against some of the respondents. Therefore, the entire MCA as on today has been rendered infructuous as it stands abated against some of the respondents as mentioned above. Shri Lambat, learned counsel is seeking time to take appropriate further steps. It is always open to the appellants/ applicants to take appropriate further steps in accordance with law. Misc. Civil Application is dismissed. JUDGE *GS.