JUDGMENT : Anil R. Dave, J. Leave granted. 2. Upon hearing the learned counsel for the parties and upon perusing the impugned judgment, we find that without going into the merits, the High Court set aside the decree of the trial court in both the cases. In our opinion, it was not proper for the High Court to decide the case without going into the merits of the case. 3. In view of the above circumstances, we remand these matters to the High Court so that these appeals can be decided on merits. 4. In view of the above, the impugned judgment is set aside and the appeals are allowed. 5. The parties shall appear before the High Court on 16th November, 2015 so that the appeals can be heard by the High Court.