1 mss SA733 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE SECOND APPEAL NO. 733 OF 2008 Shivaji Ananda Borade .. Appellant Vs. Shankar Kushaba Borade & Anr. .. Respondents Ms. Smita Gaidhani for the appellant Mr. Gite h/f M.S. Karnik for respondent 2 CORAM: G. S. GODBOLE, J. DATED: 7/10/2011 P.C. The second appeal was admitted by order dated 28/4/2010. During the course of hearing of the civil application, Consent Terms duly signed by the advocate for the appellant, advocate for the respondent and respondent 2 Dagadu Shankar Borade, who is the son and GPA of respondent 1 Mr. Shankar Kushaba Borade are taken on record. Respondent 2 is present in person. 2. Though the consent terms are not signed by the appellant, since the 2 mss SA733 trial court had partly decreed the suit and appeal filed by the respondents has been allowed by the impugned judgment and order and since the consent terms provide for setting aside the impugned judgment and order, under the special authority the advocate for the appellant has signed the consent terms. The consent terms are taken on record and marked “X” for identification. 3. Consequently second appeal is allowed in terms of the consent terms. The impugned judgment and order dated 30/6/2008 passed by the learned District Judge-4, Nashik in Regular Civil Appeal No. 119 of 2003 is quashed and set aside only on the ground that detailed reasons had not been given as contemplated by order XLI Rule 31 of the Code of Civil Procedure, 1908. This order will not, however, be treated to be any expression of opinion on the merits of the controversy involved in the appeal and all rival contentions of the parties in all respects are kept open to be re-agitated before the District Court. 4. This order should not construed to be an order accepting the case either of the appellant or of the respondents and learned Judge of the District Court will decide the appeal afresh without being influenced either by the impugned judgment and order dated 30/6/2008 or by this order. 3 mss SA733 5. Hearing of the Civil Appeal No. 119 of 2003 is expedited and the appeal shall be disposed of on or before 31st of March, 2012. If any interim order had been granted in the said Appeal, that will stand revived and will operate till the disposal of that Appeal. 6. In view of the order passed in the second appeal, the civil application does not survive and the same is disposed of. 7. Earlier interim order passed in the civil application automatically comes to an end. (G. S. GODBOLE, J.)