: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.248 OF 2009 Ujwala Vijaykumar Marathe .. Appellant V/s. Vijaykumar Ramchandra Marathe .. Respondent Mr. M.S. Karnik for the Appellant. Mr. S.M. Sabrad for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 19 TH APRIL, 2010. P.C.: 1. The Second Appeal has been filed against the Judgment and Order dated 22nd April, 2004 passed in Civil Appeal No.234 of 2002 by the Additional District Judge, Solapur. The main contention of the learned Advocate for the appellant is that the Civil Appeal has been decided against the appellant and that she has been directed to hand over the custody of the child to the respondent without any issue being framed in that regard by the Appellate Court. Apart from this, it is submitted that the appellant unfortunately was not represented by the Advocate whom she had engaged. It is, therefore, submitted that in these circumstances, the Civil : 2 : Appeal should be remanded to the District Court, Solapur for a fresh hearing. 2. Mr. Sabrad, on instructions from the respondent herein, who is present in Court, consents to the Civil Appeal being remanded for a fresh hearing to the Appellate Court in view of the fact that the appellant was not represented before the Appellate Court when the Civil Appeal was heard. 3. Accordingly, the impugned Judgment and Order dated 22nd April, 2004 passed in Civil Appeal No.234 of 2002 by the Additional District Judge, Solapur, is set aside. The Civil Appeal No.234 of 2002 is remanded for a fresh hearing by the Appellate Court. 4. The parties will appear before the Appellate Court on 7th June, 2010. 5. The Appellate Court will hear and dispose of the Civil Appeal as expeditiously as possible and in any event by December, 2010. : 3 : 6. This order is passed without prejudice to the rights of the appellant in case she moves a transfer application. 7. The Second Appeal is disposed of with aforesaid directions. 8. In view of the above, the Civil Application No.109 of 2008 pending in the Second Appeal does not survive and the same is dismissed as infructuous.