JILANI BABUKHAN PATHAN Vs. HAMID BABUKHAN PATHAN

JUDGEMENT

(1.) By the present Appeal From Order, the appellant/original plaintiff is challenging the judgment and order dtd. 14/10/2011 passed in Misc. Application No. 117 of 2011 and the judgment and order dtd. 5/7/2011 passed in Civil Appeal No. 256/2010 by the learned District Judge-2, Osmanabad, setting aside the judgment and decree passed in R.C.S. No. 237/2005 dtd. 29/9/2010 passed by the Joint Civil Judge, Senior Division, Osmanabad and remanding the matter back to the Trial Court for fresh trial by tendering opportunities to both the parties for framing the proper issues in the light of the observations made in the judgment of the Appellate Court.

(2.) The brief facts, giving rise to the present Appeal From Order, can be summarized as under :-

(3.) The plaintiff has contended that in the sale transaction, plaintiff had contributed an amount to the extent of 1 Ana, so he obtained ownership and possession of the above said lands to the extent of 1 Ana share. The plaintiff claimed that to contribute in the sale transaction, his in laws provided financial aid to him. After transaction, name of plaintiff along with other six persons are mutated by the competent authority in the Government record by mutation entry. Thus, the plaintiff became owner to the extent of 1H 16 R. land in the above properties.