MADHUKAR Vs. AVINASH

JUDGEMENT

(1.) Heard.

(2.) By the present Appeal From Order, the appellants are challenging the order passed by the District Judge reversing the judgment of the Civil Judge, Junior Division and remanding the matter for fresh trial. The facts giving rise to filing of the present appeal can be summarized as under.

(3.) Ms. Medha Pramod Patel holding for Mr. Milind Patil, learned counsel for the appellants relies upon the Judgment of this court in the case of Barku Pundlik Patil (Since deceased, Through LR's) Chandrakalabai Barku Patil and others Vs. Subhash Govindrao Pagare and others, Appeal From Order No.35 of 2022, dtd. 9/11/2022 and also the Hon'ble Supreme Court in case of Arvind Kumar Jaiswal (D) Thr. Lr. Vs. Devendra Prasad Jaiswal Varun, Civil Appeal No.1059 of 2023 (SLP (C) No.9172 OF 2020), dtd. 13/2/2023, to contend that the matter ought not to have been remanded since sufficient evidence is already on record and that the remand order should not be made for giving further opportunity to the plaintiffs to fill in the lacunae in evidence.