IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.93 OF 2008 WITH CIVIL APPLICATION NO.456 OF 2008 Shri Jaybharat Maruti Jadhav & ors..... Appellants Vs. Shri Maruti Dnyanu Jadhav & Ors. .... Respondents Mr.Sandesh Patil i/by P.P. Jadhav, Adcoate for appellants. Mr.P.D. Pise, Advocate for respondents 1 to 3. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 12th June, 2009 P.C. 1. Both the Advocates state that no reasons be stated for the following order. The Second Appeal is allowed. The impugned order dated 17th October 2007 passed by District Judge No.3, Sangli in Regular Civil Appeal No.85 of 1999 is set aside. Regular Civil Appeal No.85 of 1999 is remanded to the District Court for fresh hearing. It is open for the parties to the appeal to file such applications as they consider necessary in respect of Regular Civil Appeal No.73 of 2005 preferred against the judgment and decree in Regular Civil Suit No.110 of 1999 filed for partition of the same property as in the present proceedings. In the facts and circumstances of the case, no order as to costs. In view of the disposal of the Second Appeal, the Civil Application No. 456 of 2008 does not survive, the same is accordingly disposed off. (SMT.R.P. SONDURBALDOTA,J)