CHENNAMMA Vs. SHEENAPPA GOWDA

JUDGEMENT

(1.) The respondent plaintiff instituted O.S.No.41/1998 in the Court of Addl. Civil Judge (Sr. Dn.), Puttur, D.K. to pass decree of partition and separate possession of his share in the plaint 'B' and 'C' schedule properties and for award of mesne profits. Defendant No.4 filed written statement. Defendant Nos.1 to 3 filed memo and adopted the written statement filed by defendant No.4. Based on the pleadings 6 issues were raised. During trial, oral and documentary evidence was placed on record of the suit by both sides. By a Judgment dated 13.11.2009 the suit was decreed in part and the plaintiff was held entitled to partition and separate possession of half share in the suit 'B' schedule properties.

(2.) Feeling aggrieved to the extent of non grant of relief sought in respect of suit 'C' schedule properties, the plaintiff filed R.A.No.28/2010. The defendants, assailing the aforesaid Judgment and Decree of the Trial Court, filed R.A.No.29/2010 in the District Court, D.K., Mangalore, Sitting at Puttur. The Appellate Judge raised four points for consideration and by a Judgment dated 28.04.2015 allowed both appeals and remanded the case to the Trial Court by raising an additional issue "whether plaintiff proves that their mother Kunhakke died intestate leaving behind him and the defendants, to inherit suit 'C' schedule properties -. Trial Court was directed to grant opportunity to both parties to adduce evidence in respect of the additional issue, record findings afresh on all the issues and decide the suit afresh in accordance with law.

(3.) The defendants feeling aggrieved by the said judgment and decree filed this appeal under Order XLIII Rule 1(u) of CPC.