1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 4440 OF 2009 IN SECOND APPEAL NO. 52 OF 1988 1. Pradip S/o Udhavrao Kulkarni and others - - Applicants Versus 1. Digamber S/o Shivram Dhanke (Died) through L.R.'s. and others - - Respondents Shri A. G. Godhamgaonkar Advocate for the Appellants Shri Prashant Deshmukh, Advocate for the Respondents. CORAM : K. U. CHANDIWAL, J. DATE : 19TH JUNE, 2009. PER COURT : 1. Heard Mr. Godhamgaonkar and Mr. Deshmukh for the respective parties. On 22nd April, 2009, the learned counsel for the appellant was busy arguing before the Brother Judge. Consequently, he could not attend this matter when it was called, resulting in its dismissal. Though the matter is old, the rights of the parties in the immovable property are 2 involved, where denial of agreement is the root cause. Consequently, the application is allowed. [ K. U. CHANDIWAL ] JUDGE bsb/June 09/CA 4440.09