1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 733 OF 2005 WITH CIVIL APPLICATION NO. 4874 OF 2005 Pandurang Mahadu Choudhari .. .. Appellant Versus Barku Vithoba Choudhari Since dead .. .. Respondents Shri S. B. Kadu Patil, Advocate h/f Shri V. D. Hon, Advocate for the Appellant. CORAM : P. R. BORKAR, J. DATE : 24TH JUNE, 2009. ORAL ORDER : 1. Heard Shri S. B. Kadu Patil holding for Shri V. D. Hone counsel for the appellant. He informs that appeal has become infructuous and same may be disposed of. In view of this submission this appeal is disposed of as infructuous. 2 2. In view of disposal of second appeal No. 733/2005 civil application No. 4874/2005 does not survive. Hence disposed of accordingly. [ P. R. BORKAR, ] JUDGE bsb/June09/SA 1563.05