1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1460 OF 2010 IN FIRST APPEAL NO.2352 OF 2005 Sou.Mangala Haribhau Birdawade .. Applicant V/s Shri.Uttam Shankar Kodre & Ors. .. Respondents Mr.Dilip Bodke for the Applicant. Mr.A.B.Tajne for Respondent Nos.1, 2 and 3. CORAM: R.G.KETKAR, J. DATE: 2ND JULY, 2010. P.C.: 1. Heard Mr.Bodke, learned counsel for the applicant and Mr.Tajane, learned cousnel for Respondent Nos.1 to 3. First appeal No.2352 of 2005 is preferred against the judgment and decree dated 4th April, 2005 passed by the learned Civil Judge, Senior Division, Pune in Special Civil Suit No.2018 of 1995. The said suit was instituted for declaration, partition and injunction. By the impugned judgment and decree, the learned trial Judge while answering the Issue No.1(i) held that the applicant herein who is Defendant No.8 is entitled to 1/4th share alongwith the original Defendant Nos.6, 7 and 9. 2. Mr.Bodke submitted that in the operative order however, the learned trial Judge declared that the original Defendant No.6, 7 and 9 having 18/360 undivided interest in the suit property more particularly described in Schedule A of the Plaint, except the suit property described at Sr.No.5 bearing Survey No.51/4. The learned Judge however did not declare that the applicant-original defendant No.8 is entitled to share alongwith the original Defendant Nos.6, 7 and 9. In order to correct this mistake, the applicant herein took out the Misc.Application No.51 of 2009. By order dated 8th December, 2009 the learned Trial Judge issued notice and called for Record and Proceedings of Special Civil Suit No.2018 of 1995. 2 3. This application is taken out for directing the office to send the Record and Proceedings of Special Civil Suit No.2018 of 1995 to the learned Civil Judge, Senior Division, Pune and after determining the Misc.Application No.51 of 2009 to call back the same to this Court. He submitted that the original Record and Proceedings have been called for and therefore the present civil application is taken out. 4. Heard learned counsel for the parties. Office is directed to send the R & P of Special Civil Suit No.2018 of 1995 to the learned Civil Judge, Senior Divison, Pune, forthwith, for deciding the Misc.Application No.51 of 2009. After deciding the said application the learned trial Judge is directed to return the original R & P to this Court within a period of four weeks thereafter. 5. Civil Application stands disposed of accordingly with no order as to costs. (R.G.KETKAR, J.)