M. S. ANANDA KUMAR Vs. JAYAMMA

JUDGEMENT

(1.) The appellant calls in question the judgment and decree dated 30.03.2019, passed by the first Appellate Court in R.A.No.2/2018 by which the first Appellate Court remitted back the matter to the hands of the trial Court for examination of the handwriting expert and submission of his report.

(2.) Heard Sri Sharath S. Gowda, learned counsel appearing for the appellant and perused the material on record.

(3.) The respondent - plaintiff instituted a suit in O.S.No.263/2006, for declaration of ownership and possession of the schedule property against the petitioner. The trail Court after considering the pleadings and evidence at length, dismissed the suit against which the respondent preferred an appeal before the first Appellate Court in R.A.No.2/2018. The first Appellate Court on the ground that the hand writing and finger print expert was not examined, allowed I.A.No.III filed by the plaintiff under Order XXVI Rule 10(a) r/w. Section 151 of the Code of Civil Procedure, 1908 and remitted back the matter to the hands of the trial Court. It is this judgment and order that is challenged in the present appeal.