MOLHU RAM AND ANOTHER Vs. RAM BARAN MAURYA

JUDGEMENT

(1.) I have heard the learned counsel for the parties and have perused the record.

(2.) The appellant-defendants have preferred this first appeal from order feeling aggrieved by the judgment and order dated 04.09.2014 passed by the District Judge Shrawasti in civil appeal no.6 of 2013 whereby the appeal filed against impugned judgment and decree dated 06.04.2013 passed by the trial court has been set aside and the matter has been remanded to the trial court for decision afresh after giving opportunity to the parties to give evidence, if any.

(3.) The brief facts of the case are that the respondent filed a suit for permanent injunction against the defendant-appellants with the allegations that the disputed property was part of Gata No.424. The learned trial court recorded its finding on the basis of evidence that the property in question was part of Gata No.478 which belongs to the appellants. With this finding, the suit filed by the plaintiff-respondent was dismissed. The plaintiff-respondent feeling aggrieved by the dismissal of his suit, preferred civil appeal No.6 of 2013 in which the impugned judgment has been passed.