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SANDIPKUMAR C. MORE
Hiralal S/o Chhaburao Jawale – Appellant
Versus
Nandlal S/o Chhaburao Jawale – Respondent
JUDGMENT :
1. The appellant, who is original defendant No.2 in Regular Civil Suit No. 110 of 2012, has preferred this appeal challenging the judgment and decree dated 12.10.2022 passed by the learned District Judge-4, Jalna i.e. the learned First Appellate Court in Regular Civil Appeal No. 129 of 2017, setting aside the judgment and order dated 30.06.2017, passed by the learned trial Court i.e. the learned Civil Judge, Senior Division, Jalna dismissing Regular Civil Suit No. 110 of 2012 filed by the present respondent No.1/plaintiff and remanding back the matter to the learned trial Court with direction to decide issue No.3 afresh. The learned First Appellate Court has also given an opportunity to the plaintiff i.e. respondent No.1 to include entire joint family properties in the suit.
2. Background facts are as under :-
The appellant is the original defendant No.2 whereas respondent No.1 is the original plaintiff and the other respondents are remaining defendants. The plaintiff had filed Regular Civil Suit No. 110 of 2012 for partition and declaration before the learned trial Court. He had sought partition of the suit properties, namely agricultural land bearing Gut No. 61 admeasurin
The First Appellate Court can remand a partition suit for inclusion of omitted joint family properties to ensure equitable distribution among coparceners.
Judicial efficiency mandates that remand for fresh disposal should only occur when necessary; a remanding court must determine the parties' shares or justify retrial necessity, which was neglected he....
The remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
Appellate courts can remand cases for retrial when necessary parties are absent, emphasizing the importance of inclusive representation in ancestral property disputes.
The main legal point established in the judgment is the mandatory nature of providing the parties with an opportunity to file objections to the findings on additional issues, as required under Order ....
Remand of a suit must comply with specified circumstances; lacking sufficient evidence on record, the appellate court erred in ordering a retrial instead of addressing the appeal on merits.
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