: 1 : SD IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.175 OF 2004 SECOND APPEAL NO.175 OF 2004 SECOND APPEAL NO.175 OF 2004 Babu Mukinda Deokar, Deceased, . Thru’ Shantaram Baburao Deokar & Ors. ...Appellants V/s. Baban Tukaram Bahirat & Ors. ...Respondents Ms.A.R.S. Baxi, Advocate, for the Appellants. Ms.Lalita Panchakshari, Advocate, for Respondent Nos.1 and 2. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. DATE : 16TH FEBRUARY, 2008. P.C.: P.C.: P.C.: 1. Heard Advocates appearing for the parties. 2. Second Appeal is admitted on the following substantial questions of law :- (a). Whether the Appellate Court was justified in setting aside the Decree passed by the Trial Court in its entirety especially when the execution of the agreement by the 1st respondent-1st defendant was admitted? (b). Whether the Appellate Court could have always moulded the relief by confining the : 2 : Decree to the share of the 1st respondent? (c). Whether the Appellate Court ought to have drawn an inference on the basis of admitted facts on record that the 2nd respondent was bound by the agreement executed by the 1st respondent? 3. Printing is dispensed with. Private paper-book to be filed within a period of one year, failing which Appeal will stand dismissed for non-prosecution without further reference to the Court. 4. Advocate for respondent Nos.1 and 2 waives service. [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]