1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Second Appeal No.394/2009 ( Jamil Ahmed Abdul Gaffar & others ..V/s.. Smt. Halimabee Rahim through L.Rs. & others) ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Mr. Mohammad Ateeque, counsel for the appellants. Mr. M.R. Johrapurkar, counsel for the respondents no.1 to 4. Mr. Dhande, counsel for the respondent no.5. Coram : F.M.REIS, J.. Dated : 21st January 2010. 1. This is a second appeal challenging the judgment dated 29th of June 2009 passed by the learned District Judge at Nagpur in Regular Civil Appeal No.92/2007. 2. By the said judgment the learned District Judge allowed the appeal preferred by the respondent and quashed and set aside the judgment and decree dated 30th of June 2006 passed in Regular Civil Suit No.150/1999. After hearing the matter for some time by consent of the counsels for the appellants and the respondents following order is passed. I) The impugned judgment dated 29th of June 2 2009 passed in Regular Civil Appeal No.92/2007 by the learned District Judge-I, Nagpur is quashed and set aside. ii) The judgment and decree dated 30th of June 2006 passed by the learned Civil Judge (Junior Division), Kamptee in R.C.S. No.150/1999 is also quashed and set aside. Iii) The matter is remanded to the learned Civil Judge (Junior Division), Kamptee to decide the R.C.S. No.150/1999 afresh without being influenced by the findings of the said judgments in accordance with law. iv) The parties are at liberty to file appropriate applications in case they desire to adduce any additional evidence in the said suit and such applications shall be decided by the learned Civil Judge (Junior Division), Kamptee in accordance with law. v) The parties are directed to appear before the learned Civil Judge (Junior Division) Kamptee on 26th of February 2010 at 11 .am. vi) The second appeal stands disposed of in above terms with no orders as to costs. Judge. Tambaskar.