Abhishek S/O Kishor Pohankar v. Dhanashree W/O Abhishek Pohankar

21.ao.08.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO.08 OF 2026 Abhishek S/o Kishor Pohankar .Vs. Dhanashree W/o Abhishek Pohankar Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr Vivek Awchat, Advocate for appellant.

CORAM : ROHIT W. JOSHI, J.

DATE : 20/02/2026 1.

Issue notice to the respondent on the following substantial questions of law, returnable on 27.03.2026 "(i) Whether the order of remand satisfy the requirement of Order XLI Rule 23-A of the Code of Civil Procedure, 1908?

(ii) Whether the learned First Appellate Court was justified in not deciding the appeal finally on the basis of the evidence available on record, in view of the provisions of Order XLI Rule 24 of the Code of Civil Procedure, 1908?"

2.

The appellant is directed to serve the respondent by speed post in addition to regular mode of service and also learned Advocate for the respondent appearing in HMP No.10 of 2021 before the learned Civil Judge Senior Division, Hinganghat and file affidavit of service before the returnable date.

3.

Parties are put to notice that the appeal may be heard finally at the stage of admission.

(ROHIT W. JOSHI, J.) C.L. Dhakate