BHAGYALAKSHMI Vs. R.V.PRASANNAKUMAR

JUDGEMENT

(1.) It is a defendant's second appeal who has challenged the judgment of the learned Senior Civil Judge and J.M.F.C. at Sira (hereinafter for brevity referred to as the "first appellate Court) passed in Regular Appeal No.42/2012, wherein it has allowed the appeal by setting aside the judgment and decree passed in O.S.No.35/2006 by the learned Civil Judge and J.M.F.C., Sira (hereinafter for brevity referred to as the "Trial Court") dated 11-06-2012 and remanded the matter to the Trial Court with a direction to provide an opportunity to both side to lead further evidence on the Court Commissioner's second report and also on the recasted issues.

(2.) The summary of the case of the plaintiff, who is the respondent herein, in the Trial Court was that, he had instituted a suit against the present appellant arraigning her as a defendant for the relief of declaration, ownership and permanent and mandatory injunction and also for a direction to the defendant to demolish the alleged illegal construction over the suit schedule property and also for the delivery of alleged encroached portion of the suit property to him. The plaintiff had alleged that he is the owner in possession of the suit schedule immovable property and that the defendant who was his neighbour had put up construction in such a manner that, a sizeable portion of his property which is the suit schedule property was encroached by the defendant and an illegal construction was put up by the defendant.

(3.) The defendant appeared in the matter and contested the suit by filing her Written Statement. The Trial Court framed issues and additional issues and also secured report from the Court Commissioner and ultimately proceeded to dismiss the suit of the plaintiff.