RIYAZ I. CHAGLA, J.

1. This Appeal challenges an order and judgment of the learned Single Judge of this Court dated 22nd July, 2004 (“the impugned judgment”) by which the Suit filed by the Appellant/Plaintiff was dismissed on the ground that no case was made out by the Plaintiff.

2. An Appeal had been preferred by the Appellant challenging the impugned judgment which was disposed of by a judgment of this Court dated 18th December, 2013. The Division Bench of this Court set aside the impugned judgment and remanded the matter for a fresh trial on the ground that it would be unfair on the parties to proceed with the Appeal on record as it stands. The judgment of the Division Bench was challenged by the Respondent before the Supreme Court and the Supreme Court passed an order dated 27th April, 2015 setting aside the judgment of the Division Bench and held that:

“The clear finding recorded by the learned trial court that the parties are agreed that no oral evidence was necessary in the suit and that the only document that was required to be interpreted is the deed dated 29th March, 1949, we are of the view that the High Court ought not to have remanded the matter for a de novo tr