DEORAO Vs. PANDURANG

JUDGEMENT

(1.) This Court while issuing notice in the second appeal has framed the following substantial questions of law:

(2.) In this second appeal, the plaintiff has challenged the decision given by the first appellate Court so far as the nature of Gat No.42 is concerned. It is one of the suit land. The plaintiff considered it as a joint family property, whereas defendant No.2- Pandurang considered it as his self-acquired property acquired by availing a loan from the society. Whereas, the first appellate Court considered it as self acquired property.

(3.) Whereas, the plaintiff has preferred this 'appeal from an order' against the direction given in the impugned judgment dtd. 11/02/2021 passed by the first appellate Court. By the said judgment, the suit was remanded and the trial Court was directed to conduct a fresh enquiry. Defendant No.2-Pandurang was permitted to adduce evidence on the basis of the documents filed before the first appellate Court as per Exh.27. While passing the order of remand, the first appellate Court excluded Gat No.42 from the scope of enquiry to be conducted by the trial Court. In this appeal from an order, the Court has issued the notice to the respondents.