IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR APPEAL AGAINST ORDER NO.1 30/2010 (Municipal Council Bhdravati - Vs. -Ramaji Tukaram Kakde and others ) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri M.I.Dhatrak, counsel for appellant Shri V.A.Dhawas , counsel for respondents ... CORAM : R. K.DESHPANDE, J. DATED : 14th FEBRUARY, 2011. This appeal challenges the order dated 28.7.2010, passed by the learned District Judge-1, Warora, in Regular Civil Appeal No. 133/06. The Appellate Court has set aside the judgment and decree dated 22.2.2006, passed by the Trial Court in Special Civil Suit No. 23/2005. The matter is remanded back to the trial Court for fresh trial after taking into consideration the written statement of the defendants, after framing the issues and by giving the opportunity to both the parties. Perusal of the order, more particularly Para 15 shows that the issues were not framed, which is an undisputed fact. The trial Court has proceeded under Order 8, Rule 10 of C.P.C. The Appellate Court found that there is gross illegality committed by the trial Court while deciding the suit. The exercise carried out by the Appellate Court seems to be in conformity with the provisions of Order 43, Rule 23 of C.P.C. Hence, no substantial question of law arises. The appeal is dismissed. JUDGE Rvjalit