GOWRAMMA Vs. LAKSHMAMMA

JUDGEMENT

(1.) This appeal is filed by the plaintiffs under Order 43 Rule 1(u) of the Civil Procedure Code challenging the order dtd. 8/10/2021 passed by the Additional District and Sessions Judge, Mysuru in R.A.No.504/2019, whereby the appeal filed by the defendant has been allowed and the matter was remitted back to the trial court to reconsider the matter afresh.

(2.) For the sake of convenience, the parties are referred to as per their rankings before the trial court.

(3.) The brief facts of the case are that the plaintiffs filed a suit for bare injunction in respect of the suit schedule property. The trial court, after hearing the parties, decreed the suit by judgment and decree dtd. 6/7/2019 in O.S.No.615/2012. Being aggrieved by the same, the defendant has filed an appeal before the District and Sessions Judge, Mysuru in R.A.No.504/2019. Along with the appeal, the defendant filed IA No.2 under Order 26 Rule 9 of CPC and IA Nos.3 and 4 under Order 41 Rule 27 of CPC. The First Appellate Court rejected IA No.2 and allowed IA Nos. 3 and 4 by setting aside the judgment and decree dtd. 6/7/2019 passed in O.S.No.615/2012 and remitted the matter back to the trial court for fresh consideration. Being aggrieved by the same, the plaintiffs are before this Court.