IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 732 OF 2010 IN SECOND APPEAL NO. 10 OF 2010 MRS. ELBA MARIA D'SOUZA ... Applicant Versus MR. VASANT GANGARAM PARAB (DECEASED) THROUGH LR'S ... Respondent Shri. J. J. Mulgaonkar, Advocate for the applicant. Mr. A. Kansar, Advocate for the respondent. Coram:- A. P. LAVANDE, J. Date:- 22nd October, 2010 P.C. Mr. Mulgaonkar, learned Counsel for the applicant submits that Second Appeal no.10/2010 filed against the judgment and decree dated 9th July, 2009 passed by the District Judge I,Mapusa in Regular Civil Appeal no.24/2009 would not be maintainable since by the impugned judgment, the learned Appellate Court has remanded the matter to the Trial Court with certain directions and, therefore, in terms of Order XLIII, Rule 1(u),C.P.C., the Appeal form Order is maintainable. 2. Mr. Kansar, learned Counsel for the respondent does not seriously dispute this position. 3. In view of the above, the applicant/ appellant is permitted to convert Second Appeal into Appeal from Order. Necessary amendment to the memo of appeal be carried out within a period of two weeks. After carrying out amendment, the appellant shall also place on record a memo of appeal within a period of two weeks. The application stands disposed of. A. P. LAVANDE, J. SMA