JUDGMENT : Anil R. Dave, J. 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. 4. The appeal is allowed accordingly. There shall be no order as to costs. 5. Pending applications stand disposed of.