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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.

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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.

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