ADEEL FATIMA Vs. TOWN AREA COMMITTEE KAKORI LUCKNOW

JUDGEMENT

(1.) LIST has been revised. Heard learned counsel for the petitioners and the learned Standing Counsel for the opposite party no.3. None appears for the opposite parties no. 1 and 2/1 to 2/7. The instant writ petition has been filed by the petitioners for quashing the order dated 19.03.1987 passed by the IV Additional District, Lucknow allowing the Misc. Civil Appeal No.194 of 1983 arising out of order dated 04.05.1983 passed by the VIIth Additional Munsif, Lucnow in Regular Suit No. 181 of 1974 ordering the return of the plaint for presentation to the proper Court after deciding the issue nos. 12 and 13 in favour of the defendants. By the impugned order the lower appellate court has merely set aside the findings recorded by the Trial Court and remanded the case back to the lower appellate court for deciding the issue nos. 12 and 13 afresh according to the observations made in the said judgment. The order impugned is a purely interlocutory order and the writ petition against the same is not maintainable and is accordingly dismissed. However, it will be open to the petitioners to raise all the points, which have been raised by the petitioners in the instant writ petition, before the Trial Court. Since the suit is of the year 1974, the Trial Court is directed to decide the same as expeditiously as possible preferably within a period of six months from the date of production of a certified copy of this order.