IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET FIRST FIRST FIRST APPEAL NO.1633 OF 2003 APPEAL NO.1633 OF 2003 APPEAL NO.1633 OF 2003 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. Mr.Khadapkar,A.G.P. for State Mr.Umesh J. Desai for the Respondent CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 11, 2006. AUGUST 11, 2006. AUGUST 11, 2006. P.C.: P.C.: P.C.: . Not on board. Taken on board. 1. The Advocate for the Respondent points out that the Appeal is directed against the Judgment and Award dated 28th January 2002 passed by the learned Civil Judge, Ratnagiri in L.A.R.No.1 of 1998 and First Appeal St.No.23990 of 2003 was preferred by the acquiring body against same impugned Judgment and Award. By order dated 6th April 2005, the learned Single Judge of this Court has set aside the impugned Judgment and Award. A true copy of the order dated 6th April 2005 is taken on record. 2. In view of the said order passed by this Court, First Appeal does not survive and the same is dismissed as infructous. 3. The Appellant will be entitled to refund of court fees as per the rules. Judge. Judge. Judge.