: 1 : sa.688.2008 fvss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.688 OF 2008 Krishna Mahadeo Sawant .. Appellant V/s. Smt.Parvati Mahadeo Sawant & Ors. .. Respondents Mr.V.S. Kapse for the Appellant Mr.B.G. Tangsali for the Respondent Nos.1 to 9 CORAM: SMT.NISHITA MHATRE, J. DATED: DECEMBER 22, 2011 P.C.: 1. The appeal has been preferred against the decision of the appellate Court which has confirmed the decree passed by the trial Court in RCS No.89 of 1990. 2. By the order dated 5.12.2011, this Court (Oka, J.) had noted as under: “Various submissions have been made by the learned counsel appearing for the Appellant. The first submission is that though there may be a prayer in alternative in the plaint for passing a decree for possession, Courtfee was never paid by the original Plaintiffs on the claim for possession. His second submission is that there is no issue framed by the trial Court on the said prayer made in the alternative. The third submission of the learned counsel appearing for the Appellant is that there is nothing in the judgment of the trial Court to indicate whether the original : 2 : sa.688.2008 Plaintiffs elected one of the two alternative pleas. 2 On the basis of the aforesaid submissions, prima facie, I am of the view that substantial questions of law arise. However, the learned counsel appearing for the Plaintiffs seeks time to take instructions on the question whether the original Plaintiffs are agreeable for passing an order of remand. Stand over till 20th December, 2011.” 3. In these circumstances, the matter has been taken up today for admission. The learned advocate for the plaintiffs submits that the suit may be remanded to the trial Court for a fresh consideration. 4. Accordingly, the impugned judgments in Appeal No.224 of 2003 and R.C.S. No.89 of 1990 are set aside. The R.C.S. No.89 of 1990 is remanded to the trial Court for a fresh hearing. The trial Court will consider the aforesaid issues and frame proper issues for the trial to proceed in accordance with law. The trial Court shall dispose off the suit as expeditiously as possible and in any event, within one year from today. 5. Appeal disposed off accordingly. 6. In view of the disposed of the Appeal, Civil application No.1633 of 2008 also stands disposed off. (SMT.NISHITA MHATRE, J.)