Kalawati Shripati Takale And ANR. v. Shankar Krishna Salunkhe And ORS.

45-sa496-94 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.496 OF 1994 WITH CIVIL APPLICATION NO.1170 OF 2015 IN SECOND APPEAL NO.496 OF 1994 Kalawati S. Takale & Anr.

...Appellants V/s.

Shankar K. Salunkhe & Ors.

...Respondents

Mr.Shriniwas Patwardhan for the Appellants.

Mr.Vijay Killedar for the Respondent No.1.

CORAM : R.D. DHANUKA, J.

DATE : 16TH SEPTEMBER, 2016.

P.C. :- 1.

Mr.Killedar, learned counsel appearing for the respondent no.1 has produced a copy of the order dated 3rd May, 2013 passed by this Court in Writ Petition No.4280 of 2013 and also a letter dated 10th July, 2013 placed by the learned Assistant Registrar of this Court to the Civil Judge, Junior Division, Miraj, District Sangli conveying the order passed by this court and would submit that the decree which is the subject matter of this second appeal is already executed and nothing survives in the second appeal as well as in the civil 1/2

45-sa496-94 application. The statement made by the learned counsel for the respondent no.1 is accepted. A copy of the order passed by this Court in Writ Petition No.4280 of 2013 and also a bailiff report are taken on record record and marked "X-1" collectively. 2.

Since the second appeal does not survive, all pending civil applications, including this civil application do not survive and are accordingly disposed of. No order as to costs. (R.D. DHANUKA, J.) 2/2