(Anil R. Dave and Adarsh Kumar Goel, JJ.)
Pandurang Ganpatrao Tadas _________________________ Appellant
v.
Suman Bhauraoji Imate & Ors. ____________________ Respondent(s)
Civil Appeal No. 4395 of 2016, decided on April 13, 2016
[Arising out of SLP (C) No. 11643 of 2016 @ CC No. 4907/2016]
The Judgement of the Court was delivered by
Adarsh Kumar Goel, J.:—
1. Leave granted.
2. In view of the judgment delivered on 30th November, 2015 in Civil Appeal No. 7217/2013 etc. in the case of Prakash v. Phulawati, reported in 2016 (2) SCC 36, the impugned judgment is set aside and the matter is remanded to the High Court for fresh decision in accordance with law.
3. The appellant shall appear before the High Court for further proceedings on 4th July, 2016.
4. If the respondents are aggrieved by this decision, they are at liberty to move this Court.
5. The appeal stands disposed of as allowed and pending applications stand disposed of.
6. There shall be no order as to costs.
Petition(s) for Special Leave to Appeal (C)……/2016
(CC No. 4907/2016)
Pandurang Ganpatrao Tadas __________________________ Petitioner
v.
Suman Bhauraoji Imate and Ors _____________________ Respondent(s)
I.A. 1/2016
Date : 13/04/2016 This application was called on for hearing today.
(Before Anil R. Dave and Adarsh Kumar Goel, JJ.)
For Petitioner(s) Ms. Anagha S. Desai, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following
Order
7. Delay condoned.
8. Leave granted.
9. The appeal is disposed of as allowed in terms of the non-reportable judgment.
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