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Bombay High CourtCA/13277/2024disposed off

Mohd. Hamidoddin Mohd. Muniroddin v. Mohid Khan Mohammad Khan Pathan And Another

2026-01-21Hon'Ble Shri Justice Shailesh P. Brahme1 pages

( 1 ) 65 AO 46 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 65 APPEAL FROM ORDER NO. 46 OF 2024 WITH CIVIL APPLICATION NO. 13277 OF 2024 IN AO/46/2024 MOHD. HAMIDODDIN MOHD. MUNIRODDIN

VERSUS

MOHID KHAN MOHAMMAD KHAN PATHAN AND ANOTHER ...

Mr. Mane Dhananjay A., Advocate for Appellant Mr. Amol Ram Joshi, Advocate for Respondent Nos.1 and 2 (Through V.C.) ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 21.01.2026 PER COURT :- .

The appeal shall be decided finally on 09.02.2026 on following substantial questions of law :

(i) Whether the judgment and order in question is sustainable when the material on record is adequate enough to decide the controversy involved in the matter ?

(ii) Whether the lower Appellate Court is justified in remanding the matter when the defendants had adequate opportunity to lead the evidence and the lapses are attributable to them ?

( SHAILESH P. BRAHME, J. ) PRW