1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 528 OF 2009 Sau. Rupali @ Pinky Ajay Goswami & another .. APPELLANTS VERSUS Shri Ajay Shivkant Goswami ...RESPONDENT ... Shri G.V. Wani , Advocate for the appellants Shri S.S. Patil, Advocate for sole respondent CORAM : S.V. GANGAPURWALA, J. DATE : 27th October, 2010. PER COURT : The appeal is taken for final hearing with the consent of both the parties. 2. Heard Shri G.V. Wani, learned Counsel for the appellants and Shri S.S. Patil, learned counsel for the respondent. 3. The present respondent had initiated proceedings for custody of Kum. Garima @ Manshu. The Trial Court allowed the application and 2 directed the present appellant to deliver the custody of minor Kum. Garima @ Manshu to the present respondent. The appellant has assailed the said Judgment and Order in the present Appeal. 4. It is brought to my notice that the proceedings before the District Judge-II, Jalgaon were decided ex-parte. The appellants contended that the summons were not served. 5. Shri Patil, learned Counsel for the respondent states that in the event the appeal is allowed and matter is remitted back, the District Judge be directed to decide the said proceedings within the stipulated period. The learned Counsel for the respondent consents for remand of the matter 6. In view of the fact that the proceedings were decided ex-parte, appellant did not get opportunity to contest the said matter. As such with the consent of parties, the impugned Judgment and Order dated 16th February, 2009 passed in Misc. Appln. No. 119 of 2008 is quashed 3 and set aside. The parties are relegated to the District Court, Jalgaon. The parties agree to appear before the District Court, Jalgaon on 29th November, 2010. The District Judge, Jalgaon dealing with the matter, shall after giving opportunity to the parties decide the said application within six months from 29th November, 2010. The First Appeal is accordingly allowed. However, there shall be no order as to costs. [S.V. GANGAPURWALA,J] SDM* 528.09FA