PEER MOHAMMAD Vs. YAKUB MOHAMMAD

JUDGEMENT

(1.) Proceeding through video conferencing.

(2.) The appellants/defendants have preferred this miscellaneous appeal being aggrieved by the judgment and order dated 20.01.2020 passed in Civil Appeal No.H-28A/2019 by the Additional District Judge, Bhatapara, District Balodabazar-Bhatapara (C.G.), whereby the learned Additional District Judge allowed the appeal filed by respondent No.1./plaintif arising out of order dated 22.02.2019 passed in Civil Suit No.6-A/2019 by Civil Judge Class-II, Simga, District Balodabazar-Bhatapara and remitted the case to Civil Judge Class-II, Simga.

(3.) Briefly stated facts of the case are that a civil suit was filed by the respondent No.1 against the appellants/defendants and State before the Civil Judge Class-II for declaration of title, permanent injunction and separation of possession as per partition. The plaint was filed with injunction application and application under Section 151 of the Code of Civil Procedure (for short 'the CPC') was also filed along with Batwaranama, which was replied by the appellants/defendants of the suit on 12.07.2019. The Civil Judge Class-II, Simga, passed an order dated 22.07.2019 allowing the application under Section 4(1) of Benami Transaction Prohibition Act, 1988 (for short 'the Act') and also under Order 7 Rule 11 (d) of the Code and rejected the plaintif's suit. Against this order, respondent No.1 filed an appeal before the Additional District Judge, Bhatapara, along with an application under Section 39 Rule 1 & 2 and under Section 151 of the Code. The learned Additional District Judge, vide order dated 20.01.2020, allowed the appeal of respondent No.1 and case was remitted back to the trial Court for adjudication of the matter afresh by setting aside the order dated 22.07.2019. Hence, this appeal by the appellants/defendants.