K REVATHI Vs. G DIWAKAR

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals are filed against the Judgement and Decree dated 24.6.2008 made in AS.Nos.592/2007 and 59/2008 by the learned IV Additional Judge, City Civil Court, Chennai, remanding the suit in OS.No.4430/2005 on the file of the learned VII Assistant Judge, City Civil Court, Chennai, for fresh trial.

(2.) THE above said suit was filed by the Plaintiff, who is the Appellant in CMA.No.1087/2009, for partition of her half share and for permanent injunction, restraining the 1st Defendant, who is the 1st Respondent in CMA.No.1087/2009 from interfering with her peaceful possession and enjoyment of the property. As regards the relief of partition, the suit was dismissed and as regards the other relief of permanent injunction, the suit was decreed. As against the same, the Plaintiff filed an appeal in AS.No.592/2007 and the Defendants 2 and 3, who are the Respondents 2 and 3 in CMA.No.1087/2009 also filed an appeal in AS.No.59/2008. THE first appellate court set aside the decree passed by the Trial Court and remanded the matter back to the Trial Court for fresh trial, after framing necessary issues and further directed the Trial Court to dispose of the suit in accordance with law. As against the said order of remand, these appeals have been filed.

(3.) THE Defendants 2 and 3 contested the suit, stating that they are entitled to 1/3rd share of Rajeswari by virtue of the settlement deed dated 20.4.2001.