1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD APPEAL FROM ORDER NO. 92 OF 2010 WITH CIVIL APPLICAITON NO. 1492 OF 2010 Purushottam Ratanlal Tapade ...Appellant Versus Vilas Vitthalrao Karanjkar ...Respondent ..... Mr. B.S. Shinde, advocate for the appellant Mr. S.S. Bhise, advocate for respondent ..... CORAM: S. S. SHINDE, J. DATED: 26TH OCTOBER, 2010 PER COURT:- 1 Heard counsel for the parties. In my opinion, there is no any substantial questions of law falls for consideration in the present appeal. 2 Counsel appearing for the appellant was at pains to point out that the trial court after considering the affidavit filed by the appellant herein and other documents placed on record has passed reasoned judgment and order and therefore, the impugned order of the lower 2 appellate court in remanding the matter back is unsustainable. It is further submitted that though sufficient opportunity was given to the respondent, he did not file written statement and as a result of which, the trial court had no other option but to pass the final judgment and order. Learned counsel further invited my attention to the provisions of Order 41 Rule 23 and 23A of C.P.C. and submitted that the order passed by the lower appellate court is not within four corners of the said provisions. Learned counsel therefore, would submit that the remand order passed by the lower appellate court in the facts of this case is not warranted. 3 On the other hand, counsel appearing for the respondent invited my attention to the reasons recorded by the lower appellate court and more particularly the fact that the respondents could not file written statement before the trial court due to non communication by his pleader that the date is fixed for filing written statement and submitted that the lower appellate court has rightly remanded the matter back to the trial Court. 3 In the given facts and circumstances of this case, in my opinion, the lower appellate court has correctly appreciated the rival contentions and remitted the matter back to the trial court. On perusal of judgment of the trial court, it clearly reveals that no issues were framed by the trial court for its determination/adjudication. Without 3 framing any points the trial court has passed the judgment and order merely relying on uncontroverted averments and documents. Therefore, in my opinion, the present Appeal from Order does not raise any substantial questions of law for consideration of this court. Therefore, appeal is devoid of any merits and the same stands dismissed. 4 In view dismissal of Appeal from Order, civil application No. 1492 of 2010 does not survive and the same stands dismissed accordingly. ( S. S. SHINDE. J.) rlj/