SHANTAMMA Vs. YASHODAMMA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the respondents.

(2.) This miscellaneous second appeal is filed challenging the order dtd. 3/1/2022 passed in R.A.No.30/2020 on the file of the Senior Civil Judge and JMFC, Hosadurga, allowing the appeal and setting aside the judgment and decree dtd. 20/2/2020 passed in O.S.No.89/2014 on the file of the Principal Civil Judge and JMFC, Hosadurga.

(3.) The main contention of the learned counsel for the appellants is that the First Appellate Court committed an error in appointing the Commissioner and ought to have obtained the report of the Commissioner and would have decided the same in the First Appellate Court itself and ought not to have remitted the matter to the Trial Court to consider the matter afresh. It is also contended that the First Appellate Court was not right in allowing the application in I.A.No.3 in the light of Ex.P14 which got done by the plaintiffs themselves and the First Appellate Court was also not right in remanding the matter without recording the findings on all the issues raised by the Trial Court. Hence, it requires interference.