SHIVAJI GOPAL KURHADE Vs. RAMCHANDRA GOPAL KURHADE

JUDGEMENT

(1.) By the present Appeal, the Appellant/Orig. Plaintiff challenges the order dtd. 1/2/2024 ("impugned order"), passed by the Ad-hoc District Judge-1, Khed- Rajgurunagar, District-Pune ("the Appellate Court") in Regular Civil Appeal No. 19 of 2020 arising out of Special Civil Suit No. 211 of 2014 ("Suit"). By the impugned order, the Appellate Court set aside the partial Decree for partition dtd. 2/1/2020 passed by the Joint Civil Judge, Senior Division, Khed- Rajgurunagar, Dist.-Pune ("the Trial Court"), partly in favour of the Plaintiff and remanded the Suit to the Trial Court for fresh adjudication on re-framed issues.

(2.) The short but significant question that arises for consideration in the present Appeal is whether the Ld. Appellate Court was justified in remanding the Suit for fresh adjudication on re-framed issues, including an additional issue of limitation, without considering the evidence already led by the parties on record.

(3.) The Appellant had instituted Special Civil Suit No. 211 of 2014 (originally Special Civil Suit No. 248 of 2012) seeking partition and separate possession of ancestral and joint family properties described in Schedules A to E, recovery of the Appellant share in rental income from 2009 to 2012, and a decree of permanent injunction. The Appellant claims a 1/6th share in the joint family properties as the son of late Gopal Kurhade through his first wife, whereas Respondent Nos. 1 to 4 are the sons of the said deceased through Respondent No. 5, his second wife. The Suit came to be filed upon the Appellant acquiring knowledge that Respondent Nos. 1 to 4 were attempting to alienate the suit properties to his exclusion.