RAJARAM BANDEKAR (DECEASED) Vs. COMMUNIDADE OF SIRSAIM

JUDGEMENT

(1.) Heard Mr. A. F. Diniz, learned Senior Advocate alongwith Mr. A. D. Bhobe, learned counsel for the Appellant and Mr. Gaurish Agni, learned counsel for the Respondent.

(2.) After the matter was argued for some time, the learned counsel for the parties submit that the impugned judgment and order dated 30.01.2015 made by the Ad-hoc District Judge-1,(FTC)- First Appellate Court can be set aside and the matter be remanded to the First Appellate Court to decide Regular Civil Appeal No.19/2014 afresh. The learned counsel for the parties point out that in this appeal the Respondent i.e. Communidade of Sirsaim has now filed an application under Order 41 Rule 27 of the CPC for consideration of additional documents. They submit that rather than this Court decide the admissibility or otherwise of the additional evidence such issue can be best left to be determined by the First Appellate Court itself.

(3.) Accordingly, on the basis of the consent and without going into the rival contentions on merits of the impugned judgment and order dated 30.01.2015, the same is hereby set aside. Regular Civil Appeal No.19/2014 is restored to the file of the First Appellate Court which shall now dispose of Regular Civil Appeal No.19/2014 on its own merits and in accordance with law without being influenced by the impugned judgment and order dated 30.01.2015 which, in any case, is now set aside. Further, alongwith the appeal, the First Appellate Court, to take into consideration and decide in accordance with law the Respondent's application under Order 41 Rule 27 of the CPC. Accordingly, liberty is granted to the Respondent to file such application before the First Appellate Court in terms of the application filed before this Court.