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 SECOND SECOND SECOND APPEAL NO.570 OF 2003 APPEAL NO.570 OF 2003 APPEAL NO.570 OF 2003 .................................................................. Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. .................................................................. Shri P.D.Dalvi for the Appellants. Shri P.R.Arjunwadkar for the Respondent Nos.1 & 2. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : JULY 06, 2007. : JULY 06, 2007. : JULY 06, 2007. P.C.: P.C.: P.C.: 1. The Second Appeal stands dismissed as against Respondent No.3. Considering the nature of the decree passed by the Appellate Court which is under challenge, it is obvious that the Appeal does not survive against the other Respondents as a consequence of dismissal of the Appeal for non prosecution as against the Respondent No.3. Accordingly, Appeal is disposed of. JUDGE JUDGE JUDGE