(1.) Leave granted.
(2.) In view of the judgment of this court dated 16th October, 2015 in Prakash & Ors. vs. Phulavati & Ors., the impugned order is set aside and the appeal is remanded to the High Court for a fresh decision on merits in accordance with law.
(3.) Parties shall appear before the High Court for further proceedings on 14th December, 2015.