SREENIVASAN Vs. THILAKAN

JUDGEMENT

(1.) This C.M.A. is filed by the respondent plaintiff in A.S. 124/94 on the file of the Subordinate Judge's Court, Irinjalakuda challenging the judgment dated 21.12.2001.

(2.) O.S. 107/94 was filed by the appellant plaintiff before the Munsiff's Court, Irinjalakuda seeking permanent prohibitory injunction against the defendant respondent herein in respect of the plaint A and B schedule properties. The Trial Court decreed the suit restraining the respondent from trespassing upon plaint A and B schedule properties and from constructing any pathway in plaint B schedule property. The respondent challenged the decree and judgment passed by the Trial Court before the Subordinate Judge's Court, Irinjalakuda in A.S. 124/94. The lower appellate court allowed the appeal, set aside the decree and judgment passed by the Trial Court and remanded the suit to the Trial Court for fresh consideration in accordance with law in the light of the observations made in the judgment.

(3.) This C.M.A. is preferred by the plaintiff respondent in the appeal challenging the remand order passed by the lower appellate court.