SUBBIAH KONAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This appeal has been preferred under Order 43 Rule 1 (u) of The Code of Civil Procedure challenging the order of remand passed by the learned Subordinate Judge of Sankarankoil made in A.S. No.62/00 and reversing the judgment and decree of the learned Additional District Munsif of Sankarankoil dated 28.1.98 made in O.S. No.512/90.

(2.) Heard the learned counsel appearing for the appellants and the respondents. With the consent of counsel for either side, the appeal itself is taken up for final disposal though it is listed before this Court today at the stage of notice of motion. For convenience, the parties will be referred as arrayed before the trial court.

(3.) The suit O.S. No.512/90 was instituted by the plaintiff Malaiammal and four others seeking the relief of declaration of title and for permanent injunction. The defendants 1 to 3 resisted the suit. The trial court by judgment and decree dated 28.1.98 decreed the suit. Being aggrieved, the defendants 1 and 2 preferred A.S. No.62/00 on the file of the Subordinate Judge of Sankarankoil. The learned Subordinate Judge of Sankarankoil, by judgment and decree dated 29.6.01 reversed the judgment and decree of the trial court, remanded the suit to the lower court for fresh disposal according to law, besides directing the trial court to frame appropriate issue with regard to standing trees. The first appellate court also granted liberty to either parties to adduce evidence in regard to the principal issue and the trial court was directed to decide all the issue afresh. Pending the first appeal the first plaintiff died and plaintiffs 2 to 5 continued the appeal. Challenging the said order or remand, the present appeal has been preferred by the plaintiffs in the suit.