Narendra Kashinath Vibhandik And ... vs Dinesh Mangilalji Rawal
2023 Latest Caselaw 3387 Bom

                                                                           20-Ao-180-2023.doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 APPELLATE SIDE CIVIL JURISDICTION

                   APPEAL FROM ORDER NO.180 OF 2023
                                 WITH
                  INTERIM APPLICATION NO.2232 OF 2023

Narendra Kashinath Vibhandik                                     ...Appellant
     vs.
Dinesh Mangilalji Rawal                                          ...Respondent

Mr. Pramod Joshi a/w. Mr. Rupesh Geete and Mr. Darshan Sahuji
i/b. Satyaki Law Associates, for the Appellant.

                                    CORAM :   N. J. JAMADAR, J.

                                    DATE :    APRIL 05, 2023

P.C.:

1. Heard the learned counsel for the appellant.

2. The challenge in this appeal is to a judgment and order passed

by the learned District Judge No. 2, Malegaon in Reg. Civil Appeal

No. 107 of 2017 whereby the learned District Judge has set aside

the findings recorded by the learned 2nd Joint Civil Judge, Senior

Division, Malegaon on issues No. 3C, 3D, 5 and 10 in Spl. C.S.No. 47

of 2007 and remanded the matter to the trial Court for the purpose

of hearing the parties in respect of reliefs to be granted to the

plaintiff and for deciding the issues No. 5 and 10 and thereafter

pass the judgment and decree.

3. Mr. Joshi, learned counsel for the appellant invites attention

of the Court to an order dated 13 th January, 2014 passed by the trial

Vishal Parekar ...1

20-Ao-180-2023.doc

Court whereby the issues were recast after hearing the parties and,

thereafter, the parties were given opportunity to adduce evidence.

It is submitted that the District Court could not have set aside the

judgment and decree passed by the trial Court, after the parties

were given full opportunity of hearing.

4. The matter requires consideration.

5. Issue notice to the respondent returnable 14th June, 2023.

6. In the meanwhile, there shall be ad-interim relief in terms of

prayer clause (a).

                                          (N. J. JAMADAR, J.)




Vishal Parekar                                                                   ...2