2 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 8389 OF 2009 IN APPEAL FROM ORDER NO. 52 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 18.08.2009 1. This application is filed by original respondent Nos. 1 to 6 against original appellant for initiating proceedings under Sections 191, 192, 193, 196, 194 and 200 of the Indian Penal Code. According to them the statement made in para 2 of the application for condonation of delay bearing Civil Application No. 8860 of 2007 is contrary to the statements made in the cross-examination by the respondent in Special Civil Suit No. 4 of 2003. The statements are contrary to each other but under Section 340 of the Cr.P.C., before initiating any proceeding for perjury, the Court has to come to the conclusion in its judgment that there is perjury or 2 making of false statement and since Appeal From Order No. 52 of 2008 is withdrawn, this Civil Application does not survive. The present applicants are at liberty to move the Trial Court, if so advised at the appropriate stage. 2. This Civil Application is disposed of. [P.R. BORKAR,J.] snk/2009/AUG09/ca8389.09