KUNJAPPAN Vs. B. RADHA

JUDGEMENT

(1.) The judgment and decree dated 19.07.2011 passed in A.S.No.58 of 2010 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The defendants are the appellants and the suit was instituted by the respondents for Declaration and possession. The suit was dismissed by the trial Court. The plaintiffs filed A.S.No.58 of 2010, challenging the judgment and decree passed by the trial Court. The First Appellate Court remanded the matter back to the trial Court to re-examine the witnesses by providing an opportunity to the appellants. For the said purpose, the suit is remanded back to the trial Court. Challenging the said order of remand, the present Civil Miscellaneous Appeal is filed.

(3.) The findings of the First Appellate Court for remanding the matter are furnished in Paragraph Nos. 21 and 22 of the judgment, which are extracted hereunder: