1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 129 OF 2009 ALONG WITH CIVIL APPLICATION NO. 630 OF 2009 Nabilal Mohiddin Mujawar (since deceased through heirs & L.R.s) Paigambar Nabilal Mujawar & ors. ... Appellants v/s Suleman Chand Mujawar & ors. ... Respondents Mr.Pratap Patil for the appellants. Mr.A.M.Kulkarni for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 19TH MARCH, 2010 P.C.: 1. Appeal admitted. By consent heard finally forthwith. 2. The second appeal has been filed against the order passed by the appellate Court on 24.10.2008. 3. The substantial questions of law involved in the present second appeal are, (i) whether the appellate Court would have decided the appeal without considering any of the 2 issues raised and decided by the Trial Court; and (ii) whether the appellate Court ought not to have framed the points with respect to non-joinder of necessary parties and limitation. 4. Having perused the order of the appellate Court, in my opinion, it has misdirected itself while considering the evidence led by the parties. The points for consideration have not been framed properly. This has led to the appellate Court deciding the appeal without considering the points which were required to be determined by it. The appellate Court ought to have considered the issues of non-joinder of necessary parties and limitation, especially since the Trial Court had dealt with these issues. 5. In these circumstances, it would be in the interest of both parties to set aside the judgment of the appellate Court and to remand the appeal for a fresh hearing. 6. Accordingly, the second appeal is allowed. The impugned order dated 24.10.2008 is set aside. 7. Regular Civil Appeal No.879 of 1999 is remanded to the appellate Court i.e. the District Judge, Islampur, for hearing it afresh. The parties shall appear before that Court on 12.4.2010. 3 8. The appeal will be heard and decided as expeditiously as possible and in any event by 31st December, 2010, since this is an appeal of the year 1999. 9. All contentions of the parties are left open to be decided before the appellate Court. 10. In view of disposal of the second appeal, the civil application does not survive and stands dismissed. ..... 4