Mathew Vaidhyan Mathai Vaidya v. Mujibullah Khan Subhan Khan

CA-12408.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 12408 OF 2014 IN FIRST APPEAL NO. 967 of 2004 Mathew Vaidhyan Mathai Vaidya .. Applicant vs Mujibullah Khan Subhan Khan .. Respondent --- Mr. V. S. Borkar, Advocate for applicant CORAM :

M. T. JOSHI, J.

DATE :

JANUARY 16, 2015

ORDER

1.

None for respondent though duly served.

2.

History of the case would show that present first appeal was remanded to District Court Aurangabad and upon registration, it was renumbered as Appeal No.154 of 2012. True copy of the judgment of the District Court in the said appeal delivered on 27-06-2014 would show that appeal against the decree passed by the Civil Judge Senior Division, Aurangabad in Special Civil Suit No.375 of 2001 was dismissed.

CA-12408.14 3.

However, the amount deposited by present respondentoriginal appellant while filing the first appeal had remained with this court. Office is therefore, directed to remit the said amount to the concerned court.

4.

Civil application, is accordingly, disposed of. (M. T. JOSHI, J.) pnd