1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION SECOND APPEAL NO. 568 OF 2007 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.M.A.Chaudhari for the Appellant. Mr.S.S.Salunkhe for the respondent. CORAM : ANOOP V. MOHTA,J. DATED : 10.06.2008 P.C. This is Second Appeal filed by the Appellant-original defendants. The trial Court had dismissed the Suit. However, the Appellate Court has allowed the Appeal and granted the prayers in favour of the Respondents-orig.plaintiffs. The only question is "whether the impugned judgment and order passed by the Appellate Court is against the principle of natural justice? Admittedly, both the Respondents/Appellants failed to 2 appear though they were duly served and, therefore, the Appellate Court proceeded exparte against them and reversed the findings given by the lower Court. Without going further into the merits of the matter, considering this background and in the interest of justice it is necessary that the Appellants be given full opportunity to contest his case on merits. In the result, as admittedly the respondents unable to put their case on merits and, therefore, in the present facts and circumstances of the case, this is a clear case of breach of principle of natural justice that caused great injustice to the appellants. In view of this, the Second Appeal is allowed. The impugned judgment and order dated 30.09.2005 is quashed and set aside. The matter is remanded back to the IInd 3 Additional District Judge, Pandharpur. The learned Judge is expected to dispose of this matter within six months by giving full opportunity to both the parties based on the evidence and material available on record. Both the parties will appear before the lower Appellate Court on 18.08.2008. This is subject to cost of Rs.5,000/- to be paid by the Appellant to the Respondents within two months as a condition precedent. Second Appeal is accordingly allowed in the above terms. [ANOOP [ANOOP [ANOOP V. MOHTA,J.] V. MOHTA,J.] V. MOHTA,J.]