LAWS(BOM)-2010-7-237

GOPINATH WAMAN SHINDE Vs. BABURAO PANDURANG SAWANT

Decided On July 09, 2010
GOPINATH WAMAN SHINDE Appellant
V/S
BABURAO PANDURANG SAWANT Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the Appellant and the Respondent.

(2.) THE present Appeal challenges the Judgment dated 5th February, 2008, passed by the learned Adhoc District Judge-i, Panaji, in Regular Civil Appeal no. 147/2000, whereby the Appeal preferred by the Respondents was partly allowed and the matter was remanded back to the learned Trial Judge to allow the parties to lead evidence on all the issues and then to decide all the issues together on merits and pass afresh Judgment in the suit.

(3.) BY Order dated 01.08.2000, the learned Civil Judge, Senior Division, Ponda, decided issue no. 9 in favour of the Appellants herein and dismissed the suit filed by the Respondents as being not maintainable. The said Order was challenged before the learned District Judge, which, by the impugned Judgment dated 05.02.2008, set aside the said Order dated 01.08.2000 and remanded the matter for deciding all the issues framed in the suit. The present Appeal challenges the Judgment dated 05.02.2008.