Gurumeetsing Alias Bittu ... vs Pranil Bhaskaran Puttampure
2021 Latest Caselaw 7847 Bom

                                                                                19-AO-4-21.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                     APPEAL FROM ORDER NO.4 OF 2021
                     WITH CA/3965/2021 IN AO/4/2021

       GURUMEETSING ALIAS BITTU DARSHANSING MANDAN
                            VERSUS
               PRANIL BHASKARAN PUTTAMPURE
                               ...
           Advocate for Appellant : Shri A. P. Bhandari
                               ...


                                       CORAM : B. U. DEBADWAR, J.

                                       DATE          : 14th JUNE, 2021

PER COURT :

1.             Heard       Shri   A.   P.    Bhandari,       learned       advocate        for

appellant.

2. Learned advocate for the appellant seeks permission to

add page No.5A in appeal memo. Leave is granted to add page

No.5A.

3. This appeal from order has been directed against the

judgment and order dated 20-02-2020, passed by the learned

District Judge-6, Dhule, in Regular Civil Appeal No. 140/2017,

whereby judgment and decree passed by the learned trial Court in

Regular Civil Suit No. 18/2006, dismissing the suit for eviction and

possession on various statutory grounds, came to be dismissed and

the matter was remanded to the trial Court for fresh hearing, by

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19-AO-4-21.odt

giving opportunity to both the sides to lead fresh evidence.

4. Being aggrieved by aforesaid order of remand of the

suit, appellant - original defendant has preferred present appeal.

5. Shri Bhandari, learned advocate while taking me

through the judgment of trial Court and impugned judgment passed

by the first appellate Court demonstrated as to how the impugned

remand order is not within the four corners of Order 41 Rule 23-A

of Code of Civil Procedure. According to him, in the absence of

satisfying reasons for re-trial of the suit, as contemplated in Order

41 Rule 23-A, remand order is not sustainable.

6. In view of the above, issue notice to the respondent,

returnable on 12-07-2021.

(B. U. DEBADWAR, J.)

SVH

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