1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.371 OF 2009 WITH CIVIL APPLICATION NO.1303 OF 2009 Smt.Sushila Madhav Gabale & Ors. )..Appellants Vs. Shri Shrikant Murlidhar Gabale & Ors. )..Respondents ---- Mr. A.A.Kumbhakoni @ D.H.Pawar i/by Manoj A. Patil for the appellants. Mr.S. S. Patwardhan for the respondent nos.1 to 3. Mr.S. R. Gambavale for the respondent no.4. ---- Coram : R.S.MOHITE,J Date : 17th February, 2010 PC 1 After hearing both sides, parties by consent, agree that the matter may be remanded to the first appellate Court for re-deciding the two issues by giving reasons. Parties have filed Consent Terms which are taken on record and marked “X” for identification. Second Appeal is decreed in terms of the Consent Terms and stands remanded to the first appellate Court for re-deciding the issues as contained in paragraph-5 of the Consent Terms. With these directions appeal stands disposed off with no order as to costs. CIVIL APPLICATION NO.1303 OF 2009 1 Since the appeal has been disposed off, Civil Application does not survive and stands disposed off accordingly. (R.S.MOHITE,J) 2 3