JUDGMENT : Anil R. Dave, J. 1. Leave granted. 2. In view of the judgment of this Court dated 16th October, 2015 in Civil Appeal No.7217/2013 in the case of 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 4th January, 2016. 4. The appeal is allowed with no order as to costs. Pending application, if any, stands disposed of.