BASHA ALIAS SYEED DAWOOD SAHEB AND SHAJAHAN ALIAS SYED MURTHUZA SHAH SAHEB Vs. BABU ALIAS SYED ZAHIRUDDIN

JUDGEMENT

(1.) Respondents 1 and 2 in A.S. No. 99 of 2002 on the file of the I Additional District Judge (P.C.R), Trichy, aggrieved by the order of remand dated 24.12.2003, have preferred the above Appeal under Order XLIII Rule 1(a) of C.P.C.

(2.) Heard Mr. S. Parthasarathy, learned Senior Counsel for the appellants and Mr. V. Raghavachari, learned Counsel for the respondents.

(3.) The only point for consideration in this Appeal is as to whether the lower appellate court is justified in remitting the matter back to the trial court for fresh disposal by appointing the same commissioner to visit the suit properties with the assistance of a qualified Engineer; and for passing final decree in accordance with law and in the light of the observations made in its Judgment.