1 S.A. 1/2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD SECOND APPEAL NO. 1/2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATE:24th AUGUST, 2011 Mr. A.P. Bhandari, Advocate for the appellants. Mr. N.E. Deshmukh, Advocate for respondents No.1 and 2. PER COURT : 1. Heard. 2. By consent, following order is passed. “Both the judgments passed by courts below are set aside. The case is remanded back to the trial court. The trial court shall frame issues as to whether the respondents / plaintiffs prove that it was a case of licence and second whether the appellants / defendants prove that it was a case of yearly tenancy. The appellants / defendants are also given liberty to make an application for amendment in the written statement to raise further defences. 2 S.A. 1/2011 3. In view of this, Civil Application No. 2/2011 stands disposed of. ( A.V.NIRGUDE, J. ) ts k/August/24/sa1.11