P N SRINIVASA RAO Vs. PRAMILA BHAT

JUDGEMENT

(1.) This plaintiff's appeal arises out of judgment and decree dated 13.04.2015, passed by the Principal District Judge, Udupi in R.A.No.44/2009. By the impugned judgment and decree, the First Appellate Court set aside the judgment and decree dated 14.08.2009 in O.S.No.22/1999 passed by the Additional Civil Judge (Sr.Dn.) Udupi, decreeing the suit of the plaintiff/appellant for possession and mesne profits.

(2.) Further the First Appellate Court allowed application of defendants under Order 41 Rule 27 Code of Civil Procedure, recasted issues and remanded the matter to the Trial Court to record evidence on recasted issue No.3 and to dispose of the matter afresh.

(3.) The plaintiff/appellant filed O.S.No.22/1999 before the Additional Senior Civil Judge against defendant No.1 - H.Laxminaryana Bhat and defendant No.2 -H.L.Sumathi. Defendant No.2 is the sister of plaintiff and wife of defendant No.1. Defendant No.1 died during the pendency of the suit. Present respondent Nos.1 to 5 were brought on record as defendant Nos.1(a) to (e) as the legal representatives of defendant No.1.