1 IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 149/2004 Communidade de Provincia de Balli through its attorney Subhash Pandari Naik Desai, r/o. H.No.110, Fatorpa of Quepem Taluka. ........ Appellant. V/s 1. Shri Manohar Pandhari Audi, major, r/o. Balli, Taluka Quepem. 2. Smt. Laxmi Manohar Audi, 3. Shri Ventex Sinai Audi, (deceased represented by his heirs) 3a. Shri Prasad Venkatesh Senai Audi, aged 42 years, and his wife; 3b. Smt. Samdrudi Prasad Audi, aged 35 years, 4. Smt. Satawadi Ventex Sinai Audi, all r/o. Bali, Quepem, 5. Surendra Gopinath Prabhu Desai, major, r/o. Cotombi, Taluka Quepem, 6. Babli Gopinath Prabhu Desai, major, r/o. Cotombi, Taluka Quepem, 7. Jotibha Nanu Nikham (deleted as per order dated 3.3.08) 8. Rayu Datta Fal Dessai (since deceased) represented by legal heirs : 8a) Anay Raju Fal Dessai, son of deceased Rayu Datta Fal Dessai, 2 r/o. Vantam, Fatorpa, Cuncolim, Salcete, Goa – 403 703. 8b) Narendra Raju Fal Dessai, son of deceased Rayu Datta Fal Dessai, r/o. Near Poonam Bar, Ballimath, Balli, Cuncolim, Salcete, Goa 403703. 8c) Surendra Raju Fal Dessai, son of deceased Rayu Datta Fal Dessai, r/o. New Waddo, Bali, Cuncolim, Salcete, Goa – 403 703. 9. Ankush Mahadev Gosavi, r/o. Bali, Taluka Quepem, H.No. of all the respondents are not known. ....... Respondents. Mr. I. Agha, Advocate for the appellant. Mr. R. G. Ramani, Advocate for respondents No.1, 2, 3a, 3b, 4 and 9. CORAM : D.G. KARNIK & F.M. REIS, JJ. DATE : 21st October, 2010 ORAL JUDGMENT : (Per D.G. KARNIK, J.) (1) After hearing the learned Counsel for the parties fully we indicated to the Counsel that we were inclined to remand the matter to the Trial Court. Before we could proceed to dictate our reasons, the 3 learned Counsel for the parties requested that we may not record the reasons for the order, as any observations made therein may cause prejudice to either of the parties at the hearing after the remand. The Counsel submitted that since the matter is being remanded, only an order of remand may be passed without recording any reasons. They also stated that they have no objection for remand of the matter to the Trial Court. (2) In view of this, we pass the following order : The impugned Judgment and Order is set aside. The matter is remanded to the Trial Court for deciding it afresh. Liberty to the parties to apply for amendment of the pleadings. If an application for amendment of the pleadings is made by any of the parties, the Trial Court shall consider it on its own merits. Parties are also at liberty to adduce additional evidence. After recording the additional evidence, if any, that may be adduced by the parties the Trial Court shall decide the matter afresh in accordance with law. The parties shall appear before the Trial Court on 6th December, 2010 at 10 a.m. Counsel agree that no fresh notice is necessary for the appearance before the Trial Court. 4 Record and proceedings be sent to the Trial Court so as to reach it before the Trial Court before 6th December, 2010. D.G. KARNIK, J. F.M. REIS, J. ssm.