Appeal from Order No.4/2021

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

APPEAL FROM ORDER NO.4 OF 2021 WITH

CIVIL APPLICATION NO.3965 OF 2021

Gurumeetsing @ Bittu Darshansing Mandan … APPELLANT

VERSUS

Pranil Bhaskaran Puttanpure

… RESPONDENT

.......

Shri Anand P. Bhandari, Advocate for appellant

Shri Y.G. Gujarathi, Advocate for respondent

....…

CORAM :

R. G. AVACHAT, J.

DATE :

14th September, 2021

O R D E R :

Heard learned counsel for the parties. The

challenge in this Appeal from Order is to the order dated

20/2/2020, passed by District Judge-6, Dhule in Regular Civil

Appeal No.140/2017. By the impugned order, the judgment

and decree passed in Regular Civil Suit No.18/2006 has been

set aside, remanding the suit back to the Trial Court for afresh

trial.

2.

Shri Anand P. Bhandari, learned counsel for the

the appellant would submit that, Order 43 Rule 23 of the Civil

Appeal from Order No.4/2021

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Procedure Code was not applicable in the facts and

circumstances of the case since the trial Court had not

disposed of the suit on a preliminary issue. According to him,

for application of Order 41 Rule 23-