RAM HARI MHATRE Vs. MAHADEO BALU MHATRE & ORS

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 7984 of 2015, Judgment Date: Sep 24, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL ORIGINAL JURISDICTION

                        CIVIL APPEAL NO. 7984 OF 2015
                (Arising out of SLP(C)No.13094 of 2014)


RAM HARI MHATRE                                            ... APPELLANT(S)

                                 VS.

MAHADEO BALU MHATRE & ORS.                                 ... RESPONDENT(S)




                       J U D G M E N T




ANIL R. DAVE, J.



1.    Heard the learned counsel for the parties.
2.    Leave granted.
3.    Looking at the facts of the case, in our opinion,  it  would  be  just
and appropriate to modify the impugned judgment delivered by the High  Court
to the effect that instead of remitting the matter to the  trial  court,  it
be sent to the First Appellate Court and evidence, if  any,  be  led  before
the First Appellate Court.
4.    The appeal is disposed of as allowed with no order as to costs.



5.    As the matter is pending for quite a long,  we  hope  that  the  First
Appellate Court shall conclude the  hearing  and  decide  the  case  at  the
earliest, preferably within six months from the  date  of  receipt  of  this
order.
6.    The parties shall remain present before the First Appellate  Court  on
12th October, 2015.



                                                            ..............J.
                                                              [ANIL R. DAVE]



                                                            ..............J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
24th September, 2015.