JUDGMENT :

1. The question that arises for consideration in this appeal is, whether the order of remand passed by the Appellate Court is in consonance with Order 41 Rule 23-A of the Code of Civil Procedure, 1908 ?

2. Heard Mr. S. V. Natu, learned Counsel for the Appellants.

3. Notice is served on the Respondents, however nobody has entered appearance for the Respondents. The Respondents had appeared before the trial court but did not file their written statement. The Appeal before the Appellate Court was also not contested by the Respondents as the lawyer for the Respondents remained absent.

4. The facts as noticed by the Appellate Court, leading to the above question of law in brief can be summarized as under :

A. The Plaintiffs / Appellants had filed suit for possession, based on title and for mesne profit.

B. The subject matter of the suit is an agricultural land bearing Gut No.296/1 admeasuring 2 Hectare 53-R situated within the local limits of village Nandvan Taluka Sakri District Dhule. (Hereinafter referred to as “suit land”).

C. It is the case of the Appellant / Plaintiffs tha