: 1 : 2046-11-fa=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2046 OF 2011 WITH CIVIL APPLICATION NO. 990 OF 2011 Genbhau Bhikaji Pate & Ors. .. Appellants v/s. Ramchandra Dhondiba Datkhile .. Respondent ......... Mr. Uday P. Warunjikar for the appellants Mr. Firdosh Pooniwala with Mr. Anoshak Daver & S.Y. Mulani i/b Mulani & Co. for respondents ......... CORAM : A.V. NIRGUDE, J DATE : 5th DECEMBER,2011. P.C. : 1. By consent, following order is passed on this appeal. ORDER (i) The appeal is allowed. The impugned judgment and decree dated 16th November, 2009 passed by the learned 11th Joint Civil Judge, Senior Division, Pune in S.C. Suit No.616 of 2006 is set aside. : 2 : 2046-11-fa=.sxw (ii) The suit is remanded back to the lower Court. (iii) The appellants defendants shall have an opportunity to contest the suit on merits. All the contentions of the parties are kept open. The learned Judge shall record the evidence. The learned Judge of the trial Court shall make efforts to dispose of the suit as early as possible. (iv) In view of the order passed in the appeal, Civil Application does not survive and is disposed of accordingly. (A.V. NIRGUDE, J.)