1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 478 OF 2008 Dr. (Mrs.) Shailaja Anant Sawant ... Appellant Vs. Shri Sudarshan Chetan Dhindale ... Respondent Mr. S.C.Daswadikar i/b. Uday P.Warunjikar,Advocate, for the appellant. Mr. K.K.Malpathak,Advocate, for the respondent. CORAM: J.H.BHATIA,J. DATE: 30th July, 2009. P.C. 1. The Appeal is field by the original plaintiff against dismissal of suit. However, the learned Counsel for the defendant-respondent points out that the defendant was never served with the summons and therefore, the defendant never got an opportunity to defend the suit and the Court had proceeded exparte. In these circumstances, with consent of the Counsel for both the parties, the impugned judgment is hereby set aside and Special Civil Suit No. 203 of 2002 is hereby remanded back to the Civil Judge, Senior Division, 2 Nashik, for disposal as per law after giving opportunity to the defendant to file written statement. 2. The parties shall appear before the trial Court on 1st September, 2009. 3. As the Appeal itself is disposed of, C.A. No.1272 of 2008 does not survive and stands disposed of. (J.H.BHATIA,J.)