1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO.56 OF 2009 WITH CIVIL APPLICATION NO.9961 OF 2009 Sopan s/o Purbhaji Chopde, Age 50 years, Occu.Nil (Handicapped), R/oiDhar, Taluka and District Parbhani, At present r/o C/o Baliram Tatyarao Raut, Khandoba Naka, Dhar Road, Parbhani, Taluka and District Parbhani ..APPELLANT (Orig.Plaintiff) VERSUS 1. Purbhaji s/o Madhavrao Chopde, Age 80 years, Occu.Agriculture, R/o Dhar, Taluka and Dist.Parbhani 2. Narayan s/o Purbhaji Chopde, Age 32 years, Occu.Agriculture, R/o Dhar, Taluka and Dist.Parbhani 3. Gangadhar s/o Purbhaji Chopde, Age 35 years, Occu.Agriculture, R/o Dhar, Taluka and Dist.Parbhani ..RESPONDENTS (Orig.Defendant 1 to 3) Mr M.P.Kale, Advocate for appellant Mr P.N.Kulkarni, Advocate for respondents 1 to 3 CORAM : MRS MRIDULA BHATKAR, J. DATE : 24th AUGUST, 2011 ORAL JUDGMENT (PER MRIDULA BHATKAR, J.) 1. This appeal is preferred against the judgment and order dated 4.10.2008, passed by Joint Civil Judge, Senior Division, Parbhani in Special Civil Suit No.33/2007. The suit was filed for partition, 2 possession, mesne profit and perpetual injunction against the defendants. It is the case of the plaintiff that the suit property is an ancestral property and hence, he filed a suit against his father and two step brothers. The suit was decided ex parte against the original defendants, i.e. respondents, but it was dismissed against the appellaint i.e. the original plaintiff, as the plaintiff could not prove his case. Learned Counsel appearing for the appellant submits that proper opportunity was not given to the plaintiff to produce the relevant documents and tender evidence. Respondents did not appear before the trial Court. It appears from the record that first issue in respect of proving the property as ancestral joint family property or not, was decided in negative on the ground that the name of the father Purbhaji Chopde was not entered into 7/12 extract. 2. With a view to give fair opportunity to both the parties and in the fitness of the facts and circumstances, the matter is remanded to the trial Court for fresh trial. The respondents are allowed to file their written statement and both the parties are allowed to tender documentary as well as oral evidence. The order dated 4.10.2008 passed by Joint Civil Judge, Senior Division, Parbhani is hereby set aside. First Appeal is accordingly disposed of. 3. In view of disposal of first appeal, civil application No.9961 of 2009 does not survive and hence, stands disposed of. ( MRS MRIDULA BHATKAR, J.) (vvr/56.09fa)