G V MARICHAMY Vs. V MOORTHY NAICKER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Appellants to call for the records relating to the judgment and decree dated 26.06.2007 passed by the Sub Judge, Periyakulam in A.S. No. 33 of 2005 filed against the judgment and decree dated 31.01.2005 passed by the District Munsif Court, Periyakulam in O.S. No. 161 of 2004 and set aside the same.

(2.) The Appellants are the Plaintiffs who filed O.S. No. 250 of 1995 on the file of the Sub Court, Periyakulam and thereafter it was transferred to the District Munsif Court, Periyakulam and renumbered as O.S. No. 161 of 2004, praying for declaration to declare the suit properties belong to the Plaintiffs and for recovery of possession.

(3.) A full fledged trial was conducted. Two witnesses were examined on the side of the Plaintiffs and documents Ex.A.l to A.8 were marked and two witnesses were examined on the side of the Defendants and documents Ex.B.l to B.7 were marked. Thereafter, the Trial Court decreed the suit as prayed for on 31.01.2005 in favour of the Plaintiffs. Against that order, the Defendants filed A.S. No. 33 of 2005 before the Sub Court, Periyakulam. The first Appellate Court set aside the judgment and decree in O.S. No. 161 of 2004 on 26.06.2007 and remanded the matter to the Trial Court. The present appeal is against the order of remand.