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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
PRAVIN S.PATIL
Subhadrabai W/o Bhauraoji Thakre – Appellant
Versus
Sharad S/o Gopal Bhoyar – Respondent
JUDGMENT :
PRAVIN S. PATIL, J.
1. The grievance raised by the appellant in the present appeal is that the learned District Judge, Nagpur has wrongly remanded back the matter to the trial court without considering the factual as well as legal position. On that count impugned judgment and order dated 2.9.2022 passed in the Regular Civil Appeal No.260/2017 is under challenge in the matter.
2. In the present appeal, for the sake of convenience, the appellant hereinafter referred as the plaintiff and the respondents are referred as defendants.
3. It is the case of the plaintiff that she entered into an agreement with defendants to purchase the field Survey No. 194-A and 194-K ad-measuring 0.81 R and 0.74 R of mouza Chikhli, Tahsil-Kamptee, District-Nagpur for the consideration of Rs.1,91,500/- on 28.3.2002. At the time of agreement, plaintiff had paid Rs.60,000/- as an earnest amount to the defendants. The balance consideration was decided to be paid at the time of executing the sale deed of the suit property. The date of execution of sale deed was decided on or before 28.2.2005.
4. According to the plaintiff, at the time of execution of agreement of sale, the possession of the suit field wa
The appellate court has the authority to remand a case to the trial court for framing additional issues essential for a just resolution, particularly where the status of a party as an agriculturist i....
The appellate court's power to remand a case for retrial is not uncanalized or unbridled, and an unjustified remand without recording a finding that the appellate court was not equipped to finally de....
The Appellate Court cannot remand a case without meeting the specific criteria outlined in the Civil Procedure Code, particularly under Order 41, Rules 23, 23-A, or 25.
The appellate court must decide cases based on available evidence and cannot remand without necessity, as doing so prolongs litigation without serving justice.
The main legal point established in the judgment is that a remand should not be ordered if there is sufficient evidence on record to dispose of the suit finally.
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