IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.339 OF 2008 WITH CIVIL APPLICATION NO.567 OF 2008 Abdul Majid Ali Solkar. .... Appellant Vs. Bashir Husen Wasta & Ors. .... Respondents Mr. Niyaz Ahmed, Advocate for appellant. Mr. A.L. Patki, Advocate for respondents no. 1 and 2. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 8th May, 2009 P.C. 1 Both the Advocates state that no reasons need be given for the following order in the present appeal. 2 The impugned order dated 12th April 2007 passed in Civil Appeal No.46 of 2003 is set aside. Civil Appeal No.46 of 2003 is remanded to the District Court, Ratnagiri for fresh hearing. The record and proceedings be returned to the court. The appeal be placed on the board for hearing on 1st July 2009. Respondent shall file affidavit in reply to Exhibit 7 filed by the appellant in the appeal proceedings within a period of one week i.e. on or before 8th July 2009. The first appellate Court to decide the application at Exhibit 7 after hearing both the sides and thereafter dispose of the Civil Appeal No.46 of 2003. 3. In view of disposal of the Second Appeal, the Civil Application No.567 of 2008 does not survive and the same is accordingly disposed off. (SMT.R.P. SONDURBALDOTA,J)