1 44.ao.15.2023.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR APPEAL AGAINST ORDER NO.15 OF 2023 Shrikrushna Narhari Gonge .Vs. Kailas Kisan Dhole Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.J. Thakkar, Advocate for appellant. Mr. U.J. Deshpande, Advocate for respondent. CORAM : ROHIT W. JOSHI, J. DATE : 27/02/2026 1. The present appeal takes exception to the judgment and order dated 05.08.2022 passed by the learned District Judge-1, Malkapur, in Regular Civil Appeal No.178 of 2012, whereby the learned Court has quashed and set aside the judgment and decree dated 30.03.2011 passed by the learned Civil Judge Junior Division, Nandura in Regular Civil Suit No.26 of 2026 and remanded the matter to the learned trial Court. The said order of remand is passed in view of a subsequent development namely submission of report/order passed under the provisions of the Maharashtra Money Lending (Regulation) Act, 2014. 2. The learned Advocate for the appellant states that rather than remanding the matter, the learned First Appellate Court can consider the subsequent developments and documents, and the appeal itself can be decided on merits. The learned Advocate for the respondent has no objection for the same. 2026:BHC-NAG:3593 2 44.ao.15.2023.odt 3. In view of the aforesaid, order dated 05.08.2022 passed by the learned District Judge-1, Malkapur, in Regular Civil Appeal No.178 of 2012, is quashed and set aside. 4. The learned First Appellate Court is directed to decide the appeal afresh on the basis of material available on record including the documents from the proceedings under the provisions of the Maharashtra Money Lending (Regulation) Act, 2014. 5. Parties shall appear before the learned First Appellate Court on 23.03.2026. 6. Having regard to the fact that the appeal is of the year 2012, the learned First Appellate Court is requested to decide the appeal at earliest and if possible, on or before 30.09.2026. 7. The observations of the learned First Appellate Court that the appellant is not entitled to relief in view of the provisions of the Maharashtra Money Lending (Regulation) Act, 2014 shall be revisited and decided afresh in the light of the judgment dated 15.11.2022 passed by this Court in Writ Petition No.6581 of 2022 (Aurangabad Bench) and relevant statutory provisions. (ROHIT W. JOSHI, J.) C.L. Dhakate