1 Spb/- IN THE HIGH COURT JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION SECOND APPEAL NO. 146 OF 2008 Shri Bhima Walu Mandlik & Anr. .. Appellants. V/s. Nivrutti Ragho Mandlik, since .. Respondents. Deceased through his LRS.1 to 9. --- Mr. Sumit Khaire i/by P.N.Joshi for the Appellants. Mr. P.N. Karlekar for Respondent Nos. 1 to 6. --- WITH SECOND APPEAL NO. 56 OF 2010 Nivrutti Raghav Mandlik, since deceased  his legal heirs and representatives -Kashinath Nivrutti Mandlik & Ors. .. Appellants. V/s. Bhima Walu Mandlik & Ors. .. Respondents. --- Mr. P.N. Karlekar for the Appellants. Mr. Sumit Khaire i/by P.N. Joshi for Respondent Nos. 1 & 2. Mr. N.P. Bedse i.by i/by M.V. Deshmukh for Respondent No.3. --- 2 CORAM: V.R.KINGAONKAR,J. DATED: 09th APRIL, 2010 P.C.: 1. Heard the learned counsel for the parties. 2. The learned counsel for the parties agree that without recording reasons, the impugned judgment rendered by the first appellate court may be set aside, by allowing the appeal on the sole substantial question of law involved in this appeal, namely, whether the impugned judgment of the first appellate court can be regarded as judgment in the eye of law when there is no consideration of the relevant material and proper discussion including the legal reasons ?. 3. The counsel for the parties would submit that the first appellate court may be directed to de novo consider both the appeals and decide the same in accordance with law. The impugned judgment appears to have been rendered without consideration of the 3 material placed on record and taking in to account the relevant provisions which necessitate recording of legal reasons in support of the findings. The impugned judgment seems to have rendered in breach of Order 41, Rule 31 of the C.P. Code.? 4. Mr. N.P. Bedse i/by M.V. Deshmukh appears for Respondent No.3 and states that he may be given opportunity to apply for filing of the written statement in the court. This question cannot be considered by this court. Appeals disposed of. (V.R.KINGAONKAR,J.) .....