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Ganu Anantshet Vs. Ganu Mahadev - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case NumberSecond Appeal No. 536 of 1906
Judge
Reported in(1907)9BOMLR966
AppellantGanu Anantshet
RespondentGanu Mahadev
Excerpt:
practice-civil court-reversing decree as to part of disputed property and remanding the suit as to remainder-piecemeal decision.;a court of appeal dismissed a suit as against two of the defendants and, so far as concerned part of the plaint property ; but remanded it for decision on other points as regards the remaining property and defendants:-;that the high court cannot countenance this piecemeal decision of the suit. findings on the issues may of course be recorded from time to time as the hearing proceeds, hut in the nature of things the pronouncement of the decree must be reserved until the materials laid before the court have all been fully assimilated. - .....this piecemeal decision of the suit. findings on the issues may of course be recorded from time to time as the hearing proceeds, but in the nature of things the pronouncement of the decree must be reserved until the materials laid before the court have all been fully assimilated. we will not pause to point out the difficulty which this treatment of the suit before us has already created, but will content ourselves with reversing so much of the order of the lower appellate court as amounts to a decree, viz. the sentence in the penultimate paragraph commencing 'the suit as regards the eastern moiety' and concluding 'costs in both courts'. with this we return the suit for final decision in the lower appellate court as regards all the parties and all the property. costs to follow.....
Judgment:

Knight, J.

1. This matter has been seriously confused by the course followed by the lower appellate Court, which has dismissed the suit as against two of the defendants and, so far as concerns part of the plaint property, but has remanded it for decision on other points as regards the remaining property and defendants. We cannot countenance this piecemeal decision of the suit. Findings on the issues may of course be recorded from time to time as the hearing proceeds, but in the nature of things the pronouncement of the decree must be reserved until the materials laid before the Court have all been fully assimilated. We will not pause to point out the difficulty which this treatment of the suit before us has already created, but will content ourselves with reversing so much of the order of the lower appellate Court as amounts to a decree, viz. the sentence in the penultimate paragraph commencing 'the suit as regards the eastern moiety' and concluding 'costs in both Courts'. With this we return the suit for final decision in the lower appellate Court as regards all the parties and all the property. Costs to follow judgment.


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