1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR A.O. 153/2009 Anil T. Kusalkar Vs. Late Vasantrao Naik Magasvargiya Griha Nirman Sahakari Sanstha and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S. J. Khandalkar, Adv. for the appellant. Mr. A.S. Kilor, Adv. for respondent no.1 Mr. Badhe, Adv. for respondents 2 to 4. CORAM: K. U. CHANDIWAL, J. DATE : 9th JUNE 2010. 1. Heard learned counsel representing the respective parties. 2. Challenge in the present A.O. is to the order of the learned Principal District Judge, Buldhana dated 2nd May, 2009, whereby learned Judge set aside the judgment and decree in MJC No. 18/89 and directed learned trial Judge to frame issues, as mentioned in paragraph 19 of the judgment and to allow the parties to lead evidence and decide the case in accordance with law as early as possible with stipulation to dispose of the same within three months from receiving the R& P. 3. Having gone through the order of the Principal 2 District Judge, I do not find that there is any irregularity or illegality, as both the parties needed to go through the issues deal and address the same. Such opportunity was just warranted in given set of facts. The contention that no monetary claim will be stacked against the present appellant by respondent no.1/Society having made in the present A.O. is accepted to the extent of present proceedings. A.O. lacks of merit, dismissed. No costs. (K.U. Chandiwal ) JUDGE Ambulkar.