1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 50 OF 2009 (Smt. Parveen Sultana Abdul Salim vs. Sk. Mohiuddin Mohd. Hatam) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 05, 2009. During the arguments, Shri Vyawahare, learned counsel for the appellant has fairly stated that the lower appellate Court has acted on a pursis (Exh. 26) and gave half share each to present appellant and her father – present respondent. He contends that the pursis was not filed after instructions or by taking present appellant into confidence and hence pursis is not binding upon the appellant. However, the pursis shows that both the counsel appearing for the parties before the lower appellate Court stated that suit field be partitioned equally between the parties giving them ½ portion each. In the circumstances, it is apparent that the Court below is influenced and has acted upon said pursis. The impugned judgment and decree is, therefore, on the basis of consent given vide Exh. 26. 2 Shri Vyawahare, learned counsel wants to demonstrate that there was no consent by the appellant. However, it will be proper for the appellant to approach the lower appellate Court complaining about it and the lower appellate Court can pass appropriate orders upon such grievance. Till then, I do not find it appropriate to consider his arguments on merits or his arguments on the issue of merit. I find Second Appeal premature at this stage. The same is disposed of with liberty to appellant to move lower appellate Court for appropriate orders. Certified copy expedited. JUDGE *GS.