1 CRA No.570/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.570 of 2010 Smt.Sulbha Anant Sahastrabuddhe ... Applicant versus Sou.Rajani Hemant Kulkarni ... Respondent ... Mr. N.V. Walawalkar, Sr. Advocate i/b S.M.Sabrad for the applicant Mr.M.S.Gandhare for the respondent. CORAM : D.G. KARNIK, J DATED : 20th January 2011. P.C. 1. Rule. By consent, Rule is made returnable forthwith. Mr.Gandhare waives service for the respondent. By consent, taken up for hearing forthwith. 2. By consent of the parties, following order is passed. 3. The impugned order is set aside and matter is remanded back to the trial court for trying it afresh. The parties are permitted to adduce additional evidence including evidence regarding the four flats which were sold by the respondent landlady and whose sale and transfer has been admitted by her in her cross examination on 27 July 2009. 2 CRA No.570/10 According to the respondent landlady, the four flats sold were in possession of the tenants and were sold by her father (and not by her) before the inheritance opened. However since these facts about the sale by the father as also the flats being in occupation of the tenants at the time of sale is disputed, parties shall be at liberty to adduce evidence regarding the same. 4. Rule is made absolute to the extent indicated above. (D.G.KARNIK, J)