GULABSHA SULTANSHA BANVA Vs. BODUSHA AKBARSHA BANVA

JUDGEMENT

(1.) THE appellant herein had instituted a suit being Civil Suit No.43/2000 before learned Civil Judge (J.D.) at Manavadar against the present respondents, on the ground that the plaintiff is the sole trustee of religious trust, namely, Limbadshah Pir Dargah, which is a registered public trust bearing registration No.B -418. The plaintiff has filed aforesaid suit for maintaining and managing the trust property. It is the case of the plaintiff that defendants have tried to trespass upon the trust property and that the defendants may be directed to hand over the possession of the trust property to the plaintiff. Said suit was resisted by other side on various grounds. At the time of deciding said suit, learned trial Judge came to the conclusion that the plaintiff has right to file the suit and that the defendants have illegally trespassed upon the suit property and that they have made construction of a permanent nature. Ultimately, the trial Court passed a decree for possession in favour of the plaintiff. Against the aforesaid decree of the trial Court, the respondents herein preferred an appeal being Regular Civil Appeal No.9/2005.

(2.) BY the impugned order, learned appellate Judge partly allowed aforesaid appeal by setting aside the decree of the trial Court and remanded the matter back to the trial Court for reconsideration under Order 41 Rule 23 of the Civil Procedure Code, directing the parties to lead further evidence.

(3.) AGAINST the aforesaid order, the appellant -original plaintiff has preferred this Appeal from Order.