KUTTIPRAVAN ABDULLA Vs. KUTTIPRAVAN ABOOBACKER

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 18.12.2019 in A.S.No.69/2017 on the file of the Additional District Court-II, Thalassery (hereinafter referred to as, "the first Appellate Court") arising from the judgment and decree dated 18.07.2017 in O.S.No.388/2014 on the file of the Munsiff Court, Koothuparamba (hereinafter referred to as, "the Trial Court"). The appellant herein is the defendant No.1. The suit was for partition and other reliefs. The appellant contested the suit on diverse grounds. After framing appropriate issues and recording the evidence, the Trial Court dismissed the suit.

(2.) Assailing the judgment and decree of the Trial Court dated 18.07.2017, the 1st respondent/plaintiff preferred first appeal before the Additional District Court -II, Thalassery. On hearing the parties, the first appellate Court remanded the suit to the trial court with a direction to give an opportunity to both parties to adduce evidence as under;

(3.) The order of remand dated 18.12.2019 was challenged by the present appellant/1 st defendant by filing a regular second appeal before the High Court under Section 100 of the Code of Civil Procedure, 1908 (for short 'the Code'). On the administrative side, the Registry of this Court noted that a regular second appeal against a remand order is not maintainable in the light of Order XLIII Rule 1(u) of the Code.