(1.) HEARD the learned Advocates appearing for the parties.

(2.) ASSAILING the judgment and order dated 8th December, 2003 in W.P. No. 6390 (W) of 2003 passed by the learned trial Judge, this appeal has been preferred by the present appellant.

(3.) THE subject-matter of challenge in the writ application was the notice of superannuation on the ground that the same was contrary to the decree passed by the Civil Court declaring the age of the writ petitioner by contested hearing, wherein the employer was the party in the proceeding. It is an admitted position that the Civil Court passed a decree declaring the date of birth of the writ petitioner as 2nd day of November, 1948. But the notice of superannuation was issued by considering the date of birth as 10th day of July, 1942. When the judgment under appeal was delivered, at that time a First Appeal admittedly was pending from the judgment and decree dated 22nd March, 2002 passed by the Civil Court in Title Suit No. 136 of 1999 as filed by the present appellant before us. Now, it is submission of the learned Advocate for the appellant that the said First Appeal has been dismissed on merit, which was registered as Title Appe