PARAG BABASAHEB BAMNE Vs. PANDURANG ANANDRAO RAYTE

JUDGEMENT

(1.) This Appeal is directed against a judgment and order dtd. 18/6/2019, passed by the learned District Judge whereby the learned District Judge was persuaded to partly allow the Appeal, set aside the judgment and decree dtd. 25/4/2017, passed by the learned Civil Judge, Senior Division, Pune in Special Civil Suit No. 1044 of 2010 and remand the suit for fresh decision on the issue framed by the learned District Judge in paragraph Nos. 60 and 75 of the impugned judgment and order, purportedly under Order 41, Rule 25 of the Code of Civil Procedure, 1908 ('the Code, 1908').

(2.) Shorn of unnecessary details, background facts necessary for the determination of this Appeal can be summarised as under:-

(3.) Being aggrieved the defendant had initially preferred Second Appeal. By an order dtd. 26/9/2019, the Appellate Court had stayed the impugned order for a period of four weeks. On 22/7/2019, this Court had continued the stay granted by the Appellate Court. Pursuant to an order dtd. 9/12/2022, the Second Appeal came to be converted into an Appeal From Order, as it was essentially against an order of remand.