1 ao 124.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD APPEAL FROM ORDER NO. 124 OF 2011 1. Raosaheb S/o Nivrati Patil Died L.R.s' 1.1 Phulabai W/o Raosaheb Patil Died L.R.s' 1.2 Anil S/o Raosaheb Patil and others .. Appellants Versus Ramhari Trimbak Patil .. Respondent Shri S. S. Choudhari, Advocate for Appellants. Shri S. B. Madde, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 01ST AUGUST, 2011. PER COURT : . The present appeal from order is filed by the original defendant against the judgment passed by the District Judge – 3, Osmanabad remanding the matter to the Trial Court. 2. Shri Choudhari, the learned counsel for appellants contends that it is not a case that the evidence is not led or the documentary evidence is not produced, but the Appellate Court has remanded the matter only for the reason that the Trial Court 2 ao 124.11 has not considered the evidence on record. According to the learned counsel, the Appellate Court could have considered the same and delivered the judgment, for the said purpose it is not necessary to remand the matter to the Trial Court. The learned counsel contends that the remand of the matter could not have been dehors the provisions of Order XXI Rule 23 and 24 of the Code of Civil Procedure. 3. Perusal of the judgment of the District Court it is manifest that the Trial Court has not considered the documents on record such as, compromise, mutation entries, orders passed by the revenue authorities, sale deed, etc. In the light of that, the District Court has remanded the matter to the Trial Court for appreciating the same. The Appellate Court would re-appreciate the evidence appreciated by the Trial Court. When the Trial Court has not appreciated the evidence on record itself, I do not think the Appellate Court has committed an error in remanding the matter. 4. In the result the appeal from order is dismissed. No costs. 5. The Appellate Court has already directed the Trial Court 3 ao 124.11 to dispose of the suit on merits as early as possible. The Trial Court shall dispose of the suit on its own merits within a period of six (6) months from today. [ S. V. GANGAPURWALA, J. ] bsb/Aug. 11