1 sa357/11withwp2999/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 357 OF 2011 Gulam Jilani s/o Gulam Ghaus and others Petitioners V E R S U S Mohiuddin @ Moinuddin s/o Sk Chand (died), through legal representatives and others Respondents Shri D.R. Bhadekar, Advocate for the petitioners Shri Rajendra Deshmukh, Advocate for the respondent No. 1A to 1H & 2 WITH WRIT PETITION NO. 2999 OF 2011 Munirabegum w/o Mohiuddin and others Petitioners V E R S U S Gulam Jilani s/o Gulam Gaus and others Respondents Shri Rajendra Deshmukh, Advocate for the petitioners Shri D.R. Bhadekar, Advocate for the respondent No. 1 to 4 CORAM : A.V. NIRGUDE, J. DATED : 12th August, 2011 ORAL ORDER : By consent, following order is passed : 1. Second Appeal stands allowed. 2. The common impugned Judgment dated 12th February, 2009, in Regular Civil Appeal No. 25 of 2005 and Regular Civil Appeal No. 170 of 2005 stands set aside. 3. The parties admitted the documents which they have filed or which they have admitted to file at first appeal stage on record. So, those documents shall be now part of the record. 2 sa357/11withwp2999/11 List of documents submitted by the appellants in Second Appeal No. 357 of 2011, as under : 1. Certified copy of application by Moolsing, dated 22/11/1955 (Exh.72) 2. Certified copy of letter issued by Dy Custodian and Collector Aurangabad Deccan, dated 23/03/1956 (Exh.73) 3. Certified copy of pahani-patrak of 1955 to 1958 (Exh.74) 4. Certified copy of pahani-patrak (Ex.75) 5. Certified copy of reply submitted by legal representatives of original defendant No. 1 to the Assistant Collector, Bhokardan, dated 31/05/2008 (Exh.76) List of documents submitted by the petitioners in Writ Petition No. 2999 of 2011, as under : 1. Xerox copy of letter from the competent officer Criminal Cour Hyderabad city to the Collector & Deputy Custodian Aurangabad District in Appeal No. 276/A/55 styled as GulamGaus V/s Custodian E.P. Hyderabad, dated 17/03/1956. 2. Xerox copy of the judgment delivered by competent officer Hyderabad State in Claim Case No. 276/A/55 in case styled as Gulas Gaus V/s Custodian E.P. Hyderabad, dated 06/08/1956. 3. Certified copy of M.E. No. 26, dated 20/06/1964. 4. Original copy of notice issued by SDO Bhokardan, dated 21/05/2008. 5. Original copy of notice issued by SDO Bhokardan, dated 21/05/2008. 6. Original copy of notice issued by SDO Bhokardan, dated 21/05/2008. 7. Certified copy of say filed by respondents before SDO Bhokardan, dated 31/05/2008. 8. Certified copy of order passed by SDO, Bhokardan. 4. Both the appeals are remanded back to the first appeal Court. The learned Judge of the first appeal Court shall decide the appeals on merits without forgetting that the new documents that are taken on record today shall also be appreciated. 3 sa357/11withwp2999/11 5. The parties are given liberty to give further application to the first appellate / review Court for adducing additional evidence and for amendment in pleadings also. 6. The parties shall appear before the learned first appeal Court on or before 5th September, 2011. 7. The learned Judge of the first appeal Court shall make endeavour to dispose of these appeals as early as possible and in any case within six months from the date of appearance of the parties. 8. In view of above, writ petition No. 2999 of 2011 will not survive and disposed of. 9. In view of disposal of second appeal and writ petition, Civil Application No. 4938 of 2011 in Second Appeal No. 357 of 2011 stands disposed of. ( A.V. NIRGUDE, J. ) SRM/sa357/11/wtih/wp/2999/11/12/8/11