1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No.363/2009 ( Nilkanth Pandhe through L.Rs. & others ..V/s.. Janardhan Wadhonkar & others ) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. M.M. Sehsh, Advocate for the appellants. Mr. K.S. Narwade, Advocate for the respondents. Coram : F.M.REIS, J.. Dated : 9th February 2010. Head the learned counsel for the appellants and respondents. Admit on the substantial question of law - (1) Whether the learned District Judge came to perverse finding of fact that the illness of the appellant was not established though a medical certificate to that effect was produced by the appellants ? (2) Whether the learned trial Court has committed an error in not framing the issues pertaining to the execution of sale deed dated 29th November 1990 in respect of the suit property as pleaded by the appellants in the 2 written statement and as such came to perverse finding of fact in respect of the title of the suit property ?” Heard forthwith with the consent of the parties. Learned counsel for respondents waives service. After hearing the matter for some time, both the learned counsels have filed the minutes of order dated 9th February 2010 signed by respondent no.1 and the appellant no.1 along with the respective counsels of the appellants and respondents and prayed that the above second appeal be disposed of in terms of the said minutes of order. The said minutes of order are taken on record and marked “X” for identification. The above second appeal is accordingly disposed of in terms of the minutes of order dated 9th February 2010. The learned District Judge, Pusad is directed to hear the first appeal filed by the appellants as expeditiously as possible and in any case within three months from the date of the receipt of this order. The parties are directed to appear before the learned District Judge, Pusad on 22/2/2010 at 11 a.m. 3 The Second appeal is disposed of accordingly with no orders as to costs. Judge. Tambaskar.