1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 231 OF 2009 Yeshwant Shripati Patil ... Appellant v/s Yeshwant Gunda Kamble ... Respondent Mr.Dilip Bodke for the appellant. Mr.Prashant Bhavake i/by N.V.Bandiwadekar for the respondent. CORAM: SMT.NISHITA MHATRE, J. DATED: 27TH JULY, 2009 P.C.: 1. The appellant is aggrieved by the decision of the appellate Court in Regular Civil Appeal No.62 of 2003. The District Judge No.3, Karad, has by the impugned order, decreed the suit. 2. The substantial question of law which arises in the present appeal is - Whether lower appellate Court has framed all 2 the necessary points for determination and recorded the reasons for the decision so as to reverse and varied the trial Court’s judgment and decree as per provisions under Section 96, 107 read with Order 41 Rule 31 and 33 of the Code of Civil Procedure, 1908? 3. The learned advocate for the appellant draws my attention to the fact that the appellate Court has not raised the points for determination and that the consideration of the appeal is in a haphazard manner. 4. A perusal of the appellate Court’s order does indicate that the points for determination have not been mentioned in the order. Rather than doing so, the appellate Court has merely raised one point as to whether there was any need to interfere with the order passed by the lower Court. 5. It is well settled now that before an appeal is decided, the appellate Court must raise the points for determination which would then enable it to focus on those points while deciding the appeal. Several issues were framed by the Trial Court and 3 which were decided against the plaintiff. In the event the appellate Court wished to differ with the findings of the Trial Court, it was necessary for the learned Judge to raise the points which he would address in order to ascertain whether there would be any need to interfere with the order of the Trial Court. This exercise has not been carried out by the appellate Court and, therefore, in my opinion, it would be appropriate to remand the appeal for determination afresh. 6. Accordingly, Regular Civil Appeal No.62 of 2003 is remanded to the District Judge, Karad, for a fresh determination. 7. The appellate Court will raise the points for determination before deciding the appeal. The appellate Court will decide the appeal within six months from today. 8. Appeal allowed accordingly. 9. In view of disposal of the appeal, civil Application No. 840 of 2009 does not survive and stands dismissed. ..... 4