KRISHNAT JAGANNATH BHOSALE Vs. PRAKASH SADASHIV CHAVAN

JUDGEMENT

(1.) APPELLANTS -original Defendants being aggrieved by order dated 13 July 2010, passed by the learned Extra Jt. Ad -hoc District Judge, Satara thereby Regular Civil Appeal is partly allowed filed by the Plaintiff - Respondent. By the impugned order, judgment and decree passed by the Lower Court is quashed and set aside and the matter is remanded to the Civil Judge, Jr. Division, Phaltan with direction to give opportunity to both parties for leading oral and documentary evidence in the light of observations made in the order.

(2.) ONCE the learned Trial Judge, after considering all the documents/material placed on record and by giving an opportunity to the parties and by proper reasons after dealing with respective issues, dismissed the suit, there is no ground to remand the matter by reopening the trial itself, as no exceptional case is made out to remand the matter in such fashion are the contentions of the Appellants. The learned counsel appearing for the Appellants has read and referred the judgments of the Supreme Court as well as of this Court viz. (1) P. Purushottam Reddy Vs. Pratap Steels Ltd. (2002) 2 SCC 686), (2) J. Lingaiah Vs. G. Hanumanthappa (2001 (10 SCC 751), (3) Sk. Ibrahim Vs. Sk. Mehmood (AIR 2003 Bombay 357), (4) Patel Sureshbhai Jashbhai Vs. Patel Satabhai Mathurbhai (1983 (3) SCC 294) and (5) Sayed Akbar Vs. Dhondiba Namdeo Bhosale (2011 (1) ALL MR 791), and basically contended that in the present facts and circumstances of the case, there is no exceptional case to remand the matter practically for a retrial. It is not the case that the Plaintiffs never got any opportunity and/or hearing in the matter during the trial. The learned Appeallate Court should have instead decided the matter in accordance with law.

(3.) IN view of above factual and the legal position, impugned order dated 13 July 2010 is quashed and set aside, specifically order of remand. However, the learned District Judge and/or appropriate Court to hear the Appeal (Appeal No.260 of 2004) afresh by giving an opportunity to the parties.