Dilip Govind Holkar And Other vs Chandrakant Ambadas Wani
2021 Latest Caselaw 7842 Bom

                                                                              15-AO-14-20.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                    APPEAL FROM ORDER NO.14 OF 2020
                    WITH CA/3479/2020 IN AO/14/2020

                  DILIP GOVIND HOLKAR AND OTHERS
                                VERSUS
                    CHANDRAKANT AMBADAS WANI
                                    ...
                Advocate for Appellants : Shri S. P. Brahme
                                    ...

                                       CORAM : B. U. DEBADWAR, J.

                                       DATE          : 14th JUNE, 2021

PER COURT :

1.             Heard       Shri   S.   P.     Brahme,        learned       advocate        for

appellants.

2. This appeal has been directed against the judgment and

order dated 03-12-2019 passed by the District Judge-1, Shahada,

in Regular Civil Appeal No.51/2011, whereby judgment and decree

dated 26-09-2011 passed by the learned Civil Judge, Junior

Division, Taloda, in Regular Civil Suit No.12/1999, dismissing the

suit for declaration and injunction, is set aside and the matter is

remanded back to the trial Court for a fresh hearing in the light of

the directions given in operative part of the impugned judgment.

3. While taking me through the judgment of learned trial

Court and first appellate Court, Shri Brahme, learned counsel

representing the appellants submitted that during the pendency of

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15-AO-14-20.odt

appeal, developments took place and in view of those

developments, learned first appellate Court remanded the suit back

to the trial Court for a fresh hearing. According to Shri Brahme,

instead of remanding matter, by invoking provisions of Order 41

Rule 25 of Code of Civil Procedure, learned first appellate Court has

wrongly remanded the matter under order 41 Rule 23-A. Remand

ought to have been in respect of only the development took place

during the pendency of appeal. Therefore, impugned judgment and

order remanding the case under Order 41 Rule 23-A is incorrect

and improper.

4. In view of the above submissions, issue notice to the

the respondent, returnable on 03-07-2021. Private notice by

recognized mode of service is allowed.

(B. U. DEBADWAR, J.)

SVH

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