MUNISWAMAPPA Vs. SHANKARAPPA

JUDGEMENT

(1.) THIS is plaintiffs second appeal challenging the correctness and legality of Judgment and decree passed by Fast Track Court, K.G.F dated 06.08.2010 passed in R.A. 114/2007 whereunder Judgment and decree passed by the Principal Civil Judge (Jr. Dn) dated 04.10.2007 in O.S. 13/2000 came to be set aside and matter came to be remanded back to trial court for fresh disposal with a direction to the plaintiff to file an application before trial court for appointment of commissioner as indicated in the Judgment of lower appellate court at paragraph 14 in order to know the exact situation of Sy. No. 8/8 to an extent of 16 guntas of land which was said to be belonging to one Sri. Ramappa.

(2.) I have heard the arguments of Sri. R.R. Devendra Gowda, learned counsel appearing for appellant -plaintiff and Sri. Hanumantharaju, learned counsel appearing for respondent No. 2. Notice to R -1 & R -9 has been held sufficient vide order dated 17.08.2011, Respondents 3 to 8, 12 and 13 are served and unrepresented. Appeal against respondents 10 and 11 had been dismissed vide order dated 22.07.2013. By consent of learned advocates appearing for the parties, this second appeal is taken up for final disposal since the only issue which has arisen for consideration in this appeal is whether the order of remand passed by the lower appellate court is to be affirmed or matter requires to be examined after being admitted or not.

(3.) TO what decree or order -