RENUKA Vs. RAJENDRA

JUDGEMENT

(1.) The above second appeal is filed under Order 41 Rule 4 of Code of Civil Procedure, 1908 (hereinafter referred to as 'CPC' for short) challenging the judgment dtd. 24/9/2019 passed in R.A.No.68/2010 whereunder the appeal filed by the first respondent was allowed and the judgment and decree dtd. 10/12/2009 passed in O.S.No.12/2008 was set aside and the matter has been remanded to the trial Court.

(2.) The relevant facts necessary for consideration of the present appeal are that the appellants/plaintiffs instituted a suit in O.S.No.12/2008 arraying the second respondent as a defendant seeking for partition and separate possession of the suit property. The said suit was decreed vide judgment and decree dtd. 10/12/2009. Being aggrieved by the same, the first respondent who was not a party to the suit, filed R.A.No.68/2010. The respondents No.3 and 4 herein were also not parties to the suit. However, they are arrayed as respondents No.1 and 2 in R.A.No.68/2010. Since the first respondent was not a party to the suit, along with R.A.No.68/2010 he also filed I.A.No.1 under Sec. 151 of CPC for permission to file an appeal as well as I.A.Nos.5 and 6 under Order 41 Rule 27 of CPC. The first appellate Court by its judgment and decree dtd. 24/9/2019, allowed the appeal and passed the following order:

(3.) Being aggrieved, the present appeal is filed by the plaintiffs.