1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Appeal against Order No. 31 of 2008 Saifuddin s/o Ismailbhai Topiwala ..vs.. Smt. Sunderabai we/o Laxmanrao Kailbag __________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Shri S. S. Murthy, Advocate for appellant. CORAM : A. H. JOSHI, J. DATED : 16/04/2008. 1. The order of remand is challenged. 2. On perusal of the order, it is seen that the trial Court has based its judgment on the report of its Commissioner on which parties do not have opportunity to lead evidence to prove or disprove report of the Commissioner. 3. The memo of appeal does not contain any challenge to this finding recorded by the first Appellate Court in paras 8 & 9 of judgment. 4. Learned Advocate for the appellant has placed reliance upon the judgment reported 2004(2)Civil LJ 906 Narayaanan ..vs.. Kumaran and others. The emphasis is made on paragraph 17 thereof. In fact the ratio laid down in this case further narrows down the scope when the remand 2 order is challenged. 5. Therefore, no interference is called for. The appeal against order is dismissed. JUDGE. Jsa.