NOORJAHAN Vs. MOHAMED MARIYAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the order of remand, in A.S.No.23 of 2016, dtd. 21/11/2020, on the file of the learned Subordinate Judge, Pattukkottai, Thanjavur District, by which, set aside the Judgment and Decreetal order made in O.S.No.181 of 2010, dtd. 22/6/2016, on the file of the learned District Munsif Court, Pattukkottai, Thanjavur District and restore the same.

(2.) The respondent/plaintiff has filed a suit in O.S.No.181 of 2010 on the file of the learned District Munsif, Pattukkottai, seeking declaration and for mandatory injunction and directing the appellant/defendant herein to hand over the vacant possession of the suit property after removing the constructions which were made by him by encroaching the suit property. The said suit was dismissed on 22/6/2016. Against the dismissal order, the respondent herein/plaintiff has preferred an appeal in A.S.No.23 of 2016 on the file of the learned Subordinate Court, Pattukkottai. The said appeal was remanded back to the trial Court for fresh consideration. Against the said order, the appellant/defendant is before this Court.

(3.) Heard on either side. Perused the material documents available on record.