ASHISH Vs. MURTI SHRI RAMCHANDRA VIRAJMAN

JUDGEMENT

(1.) Heard Sri Kartikeya Saran, learned counsel for the defendants-appellants and Sri Santosh Kumar Mishra, learned counsel for the plaintiffs-respondents No. 2 to 7.

(2.) This appeal under Order 43 Rule 1(u) of Code of Civil Procedure, 1908 (hereafter referred to as "CPC") arises out of judgment and decree dtd. 18/7/2018 passed by Additional District Judge, Court No. 6, Mirzapur in Civil Appeal No. 42 of 2016 setting aside the judgment and order dtd. 11/12/2017 passed by Additional Civil Judge (Senior Division) Mirzapur in Original Suit No. 265 of 2015 and remanding back the matter to the Trial Court.

(3.) A brief sketch of facts is necessary for the better appreciation of the case which are as under :