Jatya Indya Bhil v. Shivnya Khalya Tadavi And ORS.

41 AO 78 OF 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 APEAL FROM ORDER NO. 78 OF 2025 MOTHYA INDYA BHIL

VERSUS

SHIVNYA KHALYA TADAVI AND ORS.

...

Advocate for the Petitioner : Mr. Amit S. Savale Advocate for Respondent nos. 1, 4 and 5 : Mr. Umakant U. Wagh ...

APPEAL FROM ORDER NO. 82 OF 2025 JATYA INDYA BHIL

VERSUS

SHIVNYA KHALYA TADAVI AND ORS.

...

Advocate for the Petitioner : Mr. Amit S. Savale Advocate for Respondent nos. 1, 4 and 5 : Mr. Umakant U. Wagh ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 10.11.2025 PER COURT :

A.O. No. 82/2025 is not on board. Taken on board, on mentioning. 2.

Both the appeals shall be decided finally at the admission stage on following substantial questions of law:

(i)Whether the Lower Appellate Court is justified in remanding the matter just to adjudicate the points framed in paragraph No. 13 of the impugned judgment, which exercise could have been undertaken by the Appellate Court itself ?

(ii) Whether the impugned order is sustainable when 1/2

41 AO 78 OF 2025.odt Lower Appellate Court is having jurisdiction to decide the question of facts of law on the basis of material available before it ?

3.

Parties would be at liberty to file relevant documents on record. 4.

List this matter on 02.12.2025.

( SHAILESH P. BRAHME, J.) mkd/- 2/2