1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders A.O.NO. 101/2008 WITH A.O. NO.102/2008 Mr.Pardeshi h/f D.N.Suryawanshi, adv. for appellant. Mr. S.S. Chaudhary, adv. for respondent. CORAM : R. K. DESHPANDE, J. DATE : 20 TH NOVEMBER, 2009. 1 This appeal challenges the order dated 17.07.2008 passed by the learned District Judge-2, Osmanabad in RCA No.203/2000 and 205/2000. The appellate Court quashed and set aside the judgment and order passed by the Trial Court and matter is remanded back to the trial court with a direction to re-admit the suits in its own numbers and allow the application Exh.99 filed in RCS No. 196/1990 and to send the disputed document for comparison of signature on it with the admitted signatures of the appellant. The appellate Court has taken into consideration the fact that respondent had filed an application Exh.99 praying for sending the disputed signatures along with admitted signatures to the hand writing expert and said application was rejected. after taking into consideration the judgment of this Court 2 reported in 2008 (4) Mh.L.J 208 Ravindra v/s Laxman, the appellate Court, after recording the reasons remanded the matter back to the trial court. Order 41 Rule 23-A empowers the appellate Court to reverse the decree and sent the matter for retrial, if it is considered necessary by the appellate court. After going through the judgment and order, passed by the appellate court, I am satisfied that valid reasons are recorded for remanding the matter back to the trial court. 2. In the result, there is no substance in the present appeal from order. Same is therefore dismissed. [ R. K. DESHPANDE, J. ) ... Dt : 20.11.2009 aaa/101.08