TILAK EDUCATION RESEARCH & DEVELOPMENT SOCIETY Vs. PHOOLWATU

JUDGEMENT

(1.) Heard on admission.

(2.) This Appeal under Order 43 Rule 1(u) read with Section 100 of the Code of Civil Procedure, 1908, [for short the 'CPC'] at the instance of objectors -appellants in Execution Case No.195/2005 (sic.197/2005), is directed against judgment and decree 11.12.2013 in Regular Civil Appeal No.180/2013 by Third Additional District Judge, Bhopal, arising out of deemed judgment and decree dated 7.10.2013.

(3.) At the outset, it may be mentioned that, as stated in paragraph 1.11 of memorandum of appeal, the appellants confine the challenge to the impugned order in so far as it remands the matter. It is stated that in view of documentary evidence on record, the Court below could have decided the matter on merits. The order of remand, it is stated, is an exercise in futility, inasmuch as in order to adjudicate and decide the objections raised by the appellants, could be decided without recording evidence on the basis of documentary evidence already on record.