1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 334 OF 2009 WITH CIVIL APPLICATION NO. 1860 OF 2009 Mallikarjun Mahadeo Vhanrao .. Appellant Vs. Audumbar Narayan Akude .. Respondent Mr. Surel S. Shah for the appellant. Mr. A.K. Suryawanshi for the respondent CORAM : J.H.BHATIA,J. DATE : 6th October, 2009. P.C. 01. The plaintiff-respondent had filed Regular Civil Suit No. 1195 of 95 for perpetual injunction restraining the defendant-appellant from causing interference in his possession on certain machine which he claimed to have purchased from the defendant. The defendant contested the suit and denied that he has sold the machine. The suit was dismissed. The plaintiff preferred Regular Civil Appeal No. 429 of 2000 before the District Court. It appears that the defendant who was respondent in that appeal was not served with notice but the notice of the appeal was published in a newspaper at Solapur. He did not appear and the appeal proceeded ex-parte. The appeal was allowed by the learned 4th Additional District Judge, Solapur. That judgment and decree are challenged by the original defendant in the present 2 appeal. The learned counsel for the appellant points out that the defendant is resident of Latur, while the notice of the appeal was published in Solapur and therefore, he had no knowledge of that appeal. Therefore, he contends that he did not get an opportunity to contest the appeal before the District Court. In view of these facts and circumstances, the learned Counsel for the plaintiff concedes that the Regular Civil Appeal No. 429 of 2000 may be remanded back to the District Court. 02. Therefore, with Consent of the Counsel appearing for both the parties, the appeal is allowed. 03. The impugned judgment and decree are set aside. Regular Civil Appeal No. 429 of 2000 is remanded back to the District Court, Solapur for hearing and disposal afresh as per law. 04. The parties shall appear before the District Court on 9th November, 2009. 05. As the Second Appeal itself is finally disposed of, the Civil Application No. 1860 of 2008 does not survive and stands disposed of accordingly. (J.H.BHATIA,J.)