This Appeal from Order takes exception to the judgment and order dated 15th February, 2012 in Regular Civil Appeal No. 358 of 2001 passed by the Adhoc District Judge-2, Nanded. By the impugned judgment and order, the lower appellate Court has remanded the matter back to the trial Court by quashing and setting aside the judgment and decree dated 9th December, 2001 passed by the Joint Civil Judge, Junior Division, Nanded in R.C.S. No. 302 of 1998 with direction to decide the suit afresh by taking into consideration Issue Nos. 1 to 8 framed by the lower appellate Court.

2. An order of remand passed under Order 41, Rule 23A is amenable to appeal under Order 43 Rule 1(u) of the Code of Civil Procedure, can only be heard on the grounds enumerated in Section 100 of the Code of Civil Procedure, as held by the Supreme Court in the case of Narayanan vs. Kumaran and others reported in (2004) 4 SCC 26 and in the case of Jegannathanvs. Raju Sigamani and another reported in 2012(5) Mh.L.J. 1.

3. The learned Counsel appearing for the appellant invited my attention to the substantial questions of law/grounds taken in the Appeal from Order and submitted that, the lower appellate Court has