Joao Inacio Furtado And 2 Ors vs Lindo Jeronimo Furtado And 12 Ors
2024 Latest Caselaw 25501 Bom

Bombay High Court

Joao Inacio Furtado And 2 Ors vs Lindo Jeronimo Furtado And 12 Ors on 5 September, 2024

                                        AO 25 of 2024

     Esha

               IN THE HIGH COURT OF BOMBAY AT GOA
                         APPEAL FROM ORDER NO.25 OF 2024

JOAO INACIO FURTADO AND 2 ORS                                              ... APPELLANTS
  Versus
LINDO JERONIMO FURTADO AND 12 ORS                                          ... RESPONDENTS

Mr. Ashwin D. Bhobe with Ms. Shaizeen Shaikh, Advocates for the
Appellants.


                              CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 5th September, 2024

P.C. Heard Mr. Bhobe for the Appellants.

2. The challenge in the present Appeal is to the impugned order passed on 09.07.2024 by the first Appellate Court wherein two issues were re-framed, however, the learned first Appellate Court instead of referring those two issues to the Trial Court for recording evidence and findings thereon as provided under Order XLI Rule 27 of CPC, set aside the entire judgment and remanded the matter for additional evidence and for deciding it afresh.

3. Mr. Bhobe submits that the argument on behalf of the Respondents that in case, the order is not quashed and set aside they will lose opportunity at the first Appellate level, is not correct, as when the additional issues or issues are re-framed and remanded to the Trial

5th September, 2024

AO 25 of 2024

Court, the duty of the Trial Court is to record evidence and give its own findings on such additional issues and then forward it to the Appellate Court. Thus, the rights of the Respondents at the original level as well as the first Appellate level are protected.

4. Issue notice to the Respondents, returnable on 09.10.2024. Apart from regular service, service by all other permissible modes is granted.

5. The matter which is now remanded to the Trial Court for fresh evidence and hearing is accordingly stayed till the next date.

BHARAT P. DESHPANDE, J.

5th September, 2024