1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 55 OF 2007 Dattatreya Harishchandra Patil ..Appellants V/s. Ramchandra Barkya Patil, since deceased through legal heirs & Ors. ..Respondents Mr.R.P.Joshi and Sanjay Gawde, advocates for appellants Mr.R.U.Vasekar for respondent nos.5,6,7,8 Mr.S.G.Karandikar for respondent nos. 1/1 to 1/5. CORAM : ANOOP V. MOHTA,J. DATED : 23rd June, 2008 P.C. . This is a second appeal filed by the original plaintiff. The Suit for partition was decreed by the trial Court by order dated 28-5-2002. Original defendant nos. 1/1 to 2/1 to 2/6 preferred an appeal against the same. By order dated 18-10-2006 the appeal has been allowed and the judgement and decree is set aside and that resulted into the dismissal of the suit. 2. Without going further into the merits of the matter, admittedly, the appellant and his advocate and advocate for defendants were absent when the appeal was heard. That resulted into the impugned reversal order passed by the Appellate Court without hearing the appeal. 2 3. Therefore, the question is whether the reversal order passed by the Appellate Court in the facts and circumstances of the case is in breach of principles of natural justice. 4. This Court while issuing notice on 20-12-2007 observed as under. "Heard learned Advocate appearing for the Appellants. Apart from the fact that the Appellants were not heard before passing the impugned judgment and decree, prima-facie, it appears that the Appeal has been decided in a cryptic manner." However, at this stage considering the above aspect of non hearing and as the reasoned order passed by the Trial Court is set aside, in such circumstances such reversal order always cause great injustice and hardship to person like appellant specially when there is no proper appreciation of the reasons given by the Trial Court recorded while reversing the said order. 5. In totality, therefore,the question is answered in the positive. The Second appeal is allowed. The impugned judgement dated 18-10-2006 passed by the 3 District Judge, Palghar is quashed and set aside. The District Judge will hear the matter after giving opportunity to all the parties concerned and dispose of the said within a period of six months based on the material on record. There is no question of leading additional evidence. 6. In view of this, Second appeal is allowed. However, it is subject to cost of Rs. 3,000/- to be paid within two weeks to the original appellant before the First Appellate Authority. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]