1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.91 OF 2008 Prabhakar Mahadev Potdar since deceased thru.LRs Smt.Shailaja Prabhakar Potdar & ors. ....Appellant vs. Balkrishna Sri Shinde since deceased thru.LRs Shashikant Balkrishna Shinde & Ors. ....Respondents ----------- Mr.A.A.Garge, adv.for appellants. Mr.Vipin Kasle i/by.Mr.R.D.Soni,adv.for respondents no.1B to 1D. Mr.Rahul Walvekar, adv.for respondent no.2A. Respondent no.1(c) present in court. Coram : Smt. R.P.SondurBaldota, J. Dated : 19thJune 2009. P.C. :- 1. Heard counsel for both sides. 2. By the order dated 31st March, 2009, brother Judge A.P.Deshpande held that the impugned judgment and decree, prima- facie, is not sustainable as there is no period of limitation prescribed for filing an application for final decree. However, 2 on that day the learned counsel for respondents no.1(a) to 1(e) was not ready for final disposal of the appeal and sought time for one week. Therefore, the matter came to be adjourned. Today on the instructions from respondent no.1(c) Mr.Kasle makes a statement that respondents no.1a to 1e agree for setting aside the impugned judgment and decree but requests that all the contentions of the parties as regards the merits of the case in the application for final decree be kept alive for agitation before the trial court. Therefore the following order. O R D E R (i) The appeal is allowed. (ii)The impugned judgment and decree dated 8th October, 2007 passed by the Ad-Hoc District Judge- 4, Kolhapur dismissing Regular Civil Appeal No.20 of 2004 is set aside. (iii) Regular Civil Appeal No.20 of 2004 challenging the order dated 24th November, 2003 passed by the 3rd Joint Civil Judge, Junior Division, Kolhapur in Final Decree No.13 of 1999 and Misc.Civil Application No.186 of 2001 is allowed. (iv) The order dated 24th November, 2003 of the trial court is set aside. The parties to appear before the trial court on 6th July, 2009. (v) In view of the finding that there is no period of 3 limitation prescribed for an application for final decree, Misc.Civil Application No.186 of 2001 stands disposed off as being superfluous. (vi) The trial court to decide the application at Final Decree No.13 of 1999 within a period of three months from 6th July, 2009. (vii) All contentions on merits are kept open. (Smt.R.P. SondurBaldota,J.)