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S. G. CHAPALGAONKAR
Rauf Baig s/o. Ismail Baig – Appellant
Versus
Sumanbai @ Rukhmanbai Kachru Jadhav – Respondent
JUDGMENT :
1. Heard Mr. N.S. Shah, learned advocate holding for Mr. S.V . Natu, Advocate for the appellant and Smt. H.N. Jadhav, Advocate for respondent Nos. 1 and 5. Although respondent Nos. 2,3 and 4 are served with the notice of this appeal, they failed to cause their appearance.
2. By consent of parties, appeal is heard on the following substantial questions of law :-
[I] Whether the appellate court was justified in remanding the case to the trial court by setting aside the judgment and decree dated 25.6.2017 passed by the trial court in R.C.S. No. 37 of 2013 ?
[II] Whether the appellate court exercised jurisdiction within the parameters of Order 41 Rule 23 of C.P.C.
3. Brief facts of the case, necessary for adjudication of the present appeal are summarized as under :-
Appellant/plaintiff had instituted R.C.S. No. 835 of 2003 against the respondents/defendants seeking a decree of perpetual injunction in respect of the suit property i.e. land Gat No. 17 admeasuring 82R situated at village Shuli Bhanjan, Taluka Khultabad, Dist. Aurangabad. The said suit was decreed in favour of the plaintiff and the deceased-defendant Kachru Kondiba Jadhav was restrained from causing obstruction or mak
The appellate court must provide justifiable reasons for remanding a case and cannot do so merely to allow a party to rectify their negligence.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
Point of law: Rule 23- A it is evident when the suit is decreed otherwise than on a preliminary issue and retrial is considered necessary, it is only then that the case has to be remanded. In other w....
The appellate court must provide cogent reasons for remanding a case, and it should decide based on existing evidence if sufficient, rather than remanding without due justification.
The appellate court has the authority to decide cases based on available evidence and should only remand cases when necessary, providing clear reasons for such decisions.
(1) Remand of matter—Wholesale remand cannot be readily ordered by higher court unless facts and circumstances fully justify the same.(2) Appeal—Appellate court must come into close quarter with reas....
The main legal point established in the judgment is the importance of providing parties with the opportunity to adduce evidence and cross-examine witnesses. The judgment also emphasized the legal pro....
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