SM 1 906.ao.248.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 248 OF 2011 WITH CIVIL APPLICATION NO. 400 OF 2011 IN APPEAL FROM ORDER NO. 248 OF 2011 Mr. Kisan Narayan Mhatre ....Appellant. Versus The Commissioner and others ....Respondents. ____________ Mr. Harinder Toor a/w Swati Sawant i/b S. K. Legal Associates for the Appellant. Mr. A. Y. Sakhare a/w Joel Carlos i/b A. R. Shaikh for the Respondent No. 5. CORAM: R. M. BORDE, J. DATED : NOVEMBER 24, 2011. P.C.: The respondent has stated on oath in paragraph no. 13 of the affidavit-in-reply filed in the Trial Court that the C.T.S.No.1831-B admeasuring 140.3 sq.mtrs being 20% share of the applicant is lying vacant and is in possession of the plaintiff. It is further stated by the counsel appearing for the respondent no.5, on instructions, that the defendant no. 5/respondent no. 5 is not in possession of the said area of 140.3 sq.mtrs. 2. In view of the statement made by the counsel SM 2 906.ao.248.11 appearing for the respondent no. 5, no further order is necessary to be passed in the Appeal from Order. 3. Appeal from Order stands dismissed. In view of dismissal of the Appeal from Order, pending Civil Application does not survive and the same stands disposed of. (R. M. BORDE, J.)