:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 620 OF 2005 FIRST APPEAL NO. 620 OF 2005 FIRST APPEAL NO. 620 OF 2005 IN B.C.C.S.C. SUIT NO. 3485 OF 2002 Hitesh Madhav Prajapati & Anr. ..Appellants. Versus Madhavbhai Karsandas Prajapati ..Respondent. ----- Shri Suresh Bhosale for the Appellants. Shri R.Sunder for the Respondent. ----- CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 13TH JUNE, 2005 DATE : 13TH JUNE, 2005 DATE : 13TH JUNE, 2005 P.C. : P.C. : P.C. : 1. Heard Advocate for the Appellants. 2. The appellant No.1 was the original defendant No.1. He challenged the present decree passed in a suit filed against him by his own father. The :2: appellants after filing written statement never appeared before the court. In the judgment, the court has given the dates upon which the matter was taken. The appellants did not take part in the suit to cross-examine witnesses of the plaintiff. The evidence was recorded on 8th October, 2003 and it was adjourned from that date till 5th February, 2004 and the judgment was delivered on 12th February, 2004. The court was justified in accepting the case of the plaintiff in this background and after coming to the conclusion that the plaintiff has proved its case in respect of all the issues and in fact as per issue Nos. 1 and 2, the burden to prove their defence was on the defendants/appellants, which they have not discharged. No merit in this Appeal. It is dismissed. 3. The appellants may file a separate suit for whatever right they have, accordingly to them, in the suit property. 13.06.2005 (D.G. DESHPANDE,J.) .....