REHMATBEE Vs. BALBHEEM

JUDGEMENT

(1.) This Miscellaneous Second Appeal is filed under Order 43 Rule 1(u) of CPC, challenging the judgment and order dtd. 18/11/2016 passed in R.A.No.110/2013, whereby the First Appellate Court has allowed the appeal by setting aside the judgment and decree passed by the trial Court in O.S.No.197/2006 and remanding the matter for fresh disposal of the matter in accordance with law by imposing certain conditions.

(2.) For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the Tribunal.

(3.) The brief facts leading to the case are that the plaintiffs have filed a suit for partition & separate possession and declaration that the sale deed executed by defendant No.1 in favour of defendant No.5 dtd. 17/4/2006 is null and void.