LAWS(MAD)-2014-9-491

R BABU Vs. ARULMIGU SAKTHI VINAYAGAR KOVIL,

Decided On September 03, 2014
R BABU Appellant
V/S
Arulmigu Sakthi Vinayagar Kovil, Respondents

JUDGEMENT

(1.) The present appeal has been filed challenging the order of remand passed by the learned Principal Sub-Judge, Erode, in and by judgment and decree dated 06.12.2012 in A.S.No.47 of 2005, whereby the judgment and decree dated 28.01.2004 in O.S.No.503 of 2002 passed by the District Munsif, Erode was set aside and the matter was remanded to the Trial Court with a direction to mark the report of the Advocate Commissioner and sketch of the surveyor and to permit the parties to adduce further evidence by affording opportunity of cross-examination and to dispose of the suit afresh.

(2.) The appellant herein is the defendant and the respondent-Temple is the plaintiff in the suit in O.S.No.503 of 2002 on the file of the District Munsif, Erode. For the sake of convenience, the parties are referred as per their rankings in the suit.

(3.) The plaintiff has filed the said suit as against the defendant for a declaration declaring that the suit property absolutely belongs to the plaintiff/temple and consequently, to direct the defendant to vacate and handover the vacant possession of the suit property to the plaintiff.