Shri. Vishwas Pandurang Joshi And ORS. v. Shri. Vijay Laxmanrao Bande

Shridhar Sutar 1 908-wp-8039.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8039 OF 2017 Vishwas Pandurang Joshi and others ... Petitioners

Versus

Vijay Laxmanrao Bande Since deceased through LRs.

1A) Vaishali Vijay Bande and others ... Respondents .....

Mr. Girish R. Agrawal for the Petitioners.

.....

CORAM : M. S. SONAK, J.

DATE : 12th OCTOBER, 2018.

P. C.:

1.

Heard Mr. Agrawal, learned Counsel for the petitioners. 2.

The challenge in this petition is to the impugned order dated 29th March, 2017, by which the Appeal Court has rejected the Petitioners' (Appellants') application seeking framing of additional issues and remand to the trial Court for fresh trial. 3.

From the perusal of the impugned order, it is seen that the Appeal Court has made reference to an application under Order 41 Rule 27 filed on behalf of the appellant which is pending

Shridhar Sutar 2 908-wp-8039.17.doc consideration. Such an application obviously has to be taken up for consideration at the stage of final hearing of the appeal. Besides, there is nothing in the impugned order, which really precludes the appellant from taking up and arguing all their contentions at the stage of final hearing of the appeal. If, ultimately at the stage of the final hearing of the appeal, the appellant is able to make out the case that remand is indeed warranted, necessary orders can always be made. However, it will not be appropriate to interfere at this stage. 4.

For the aforesaid reasons there is necessity to interfere with the impugned order, particularly as it does not foreclose any of the petitioners' contention at the stage of the final hearing of the appeal.

5.

The writ petition is therefore dismissed. There shall be no order as to costs.

( M. S. SONAK, J. ) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.10.15 16:58:06 +0530