J. SOMARAJAN Vs. MAYADAS

JUDGEMENT

(1.) CHALLENGING the common judgment and decree dated 06.08.2008 in A.S. Nos. 4/2006, 5/2006 and 13/2006 of the District Court, Kollam, the respondents have come up in appeal.

(2.) THE first appellate court, after hearing the parties in extenso, has made certain observations and remitted all the cases to the trial court, after setting aside the judgments and decrees passed by the trial court, thereby directing the trial court to determine all the issues afresh in accordance with law and in the light of the observations made by the first appellate court. It is seriously aggrieved by the observations made by the first appellate court on certain issues and by complaining that those observations have limited the scope of the suit filed by the appellants herein, and also their defence in the other two suits, the present appeals have been filed.

(3.) IN fact, this Court has heard both sides in extenso. Cautiously, this Court is not making any observations with regard to all the evidence and materials brought by both sides to the notice of this Court. The main grievance expressed by the learned counsel for the appellants with regard to the common judgment and decree passed by the first appellate court is that the observations made by the lower appellate court as against the appellants are not in conformity with the evidence in the cases, both oral and documentary. It seems that the trial court has, in fact, made certain observations with regard to Ext. A2. Similarly, it seems that the first appellate court has also made certain observations, which may militate against the claims as well as the defence of the appellants.