1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO.703 OF 2009 1 Dnyanoba s/o Namdeo Gangaware, age: 21 years, Occ: Agril., R/o Kurla, Tq.Kandhar, District Nanded. 2 Laxman s/o Namdeo Gangaware, age: 23 years, Occ: Agril., R/o Kurla, Tq. Kandhar, District Nanded. Appellants Versus 1 Mehboob s/o Abdul Khan, age: 62 years, Occ: Agril., R/o Kurla, Tq. Kandhar, District Nanded. 2 Mehtab s/o Akbar, age: 45 years, Occ: Agril., R/o Kurla, Tq. Kandhar, District Nanded. 3 Riyasat Khan s/o Multani Khan, died through L.Rs: i Hussain Banu w/o Dr.Abdul Gani Saheb, (Veterinary doctor), age: 62 years, Occ: Household, R/o Gauspura Mohalla, Latur, District Latur. Ii Raziya Begum w/o Abdul Jabbar Khatib Saheb (Fruit Seller), age: about 52 years, Occ: Household, R/o H.No.10-19-3-262/50, 2 Mishri Ganj Mohalla, Hyderabad. 4 Ameer Khan s/o Mullani Khan, died through L.Rs.: i Multani Khan s/o Ameer Khan (deleted vide Court’s order dated 11.09.2009). ii Sikandar Khan s/o Ameer Khan, (deleted vide Court’s order dated 11.09.2009). 5 Rashid Khan s/o Nawaz Khan, age: 60 years, Occ: Agril., R/o Kurla, at present Phulwal, Tq.Kandhar, District Nanded. 6 Abbas Khan s/o Nawaz Khan, age: 55 years, Occ: Agril., R/o Kurla, at present Phulwal, Tq.Kandhar, District Nanded. 7 Hussain Khan s/o Nawaz Khan, age: 50 years, Occ: Business and Agril., R/o Kurla, at present Phulwal, Tq.Kandhar, District Nanded. 8 Khaja s/o Nawaz Khan, age: 45 years, Occ: Business and Agril., R/o Kurla, at present Phulwal, Tq. Kandhar, District Nanded. 9 Putlibee w/o Nawaz Khan, age: 80 years, Occ: Agril., R/o Kurla, Tq. Kandhar, District Nanded. Respondents 3 Mr.Virendra N. Patil, advocate holding for Mr.M.V.Deshpande, advocate for the appellants. Mr.P.V.Mandlik, Senior Counsel for Respondents No.3(i) and 3(ii). CORAM: R.M.BORDE, J. DATE : 08th October, 2009. P.C.: 1 Appellant is raising exception to the judgment and decree dated 31.12.2001, passed by Joint District Judge, Nanded in Regular Civil Appeal No.56/90, thereby modifying the judgment and decree passed by the trial Court in Regular Civil Suit No.35/1985 decided on 31.01.1990. 2 Learned Senior Counsel appearing for the Respondent has invited my attention to the decision rendered by this Court in Second Appeal No.92/2003. Appeal was presented by original defendant no.6 raising exception to the very judgment which is sought to be impugned in this appeal. Appellants herein were also party to Second Appeal No.92/2003. After considering rival contentions, this Court, while dismissing the appeal, has confirmed the judgment and decree passed in Regular Civil Appeal No. 56/90, whereby modifying the judgment and decree passed by the trial Court. 3 In view of the decision rendered in Second Appeal No.92/2003, the judgment and decree passed by the Court below merges into the judgment delivered by this Court in Second Appeal No.92/2003. Instant Second Appeal is, therefore, not entertainable. 4 4 Appeal, therefore, stands dismissed summarily. Pending Civil Application does not survive and stand disposed of accordingly. (R.M.BORDE) JUDGE ******* adb/sa70309