ASHOK KUMAR SHARMA Vs. BEENA SHARMA

JUDGEMENT

(1.) This recall application has been moved by the defendant-respondent no. 1 for recall of the order dated 07th March, 2017, whereby this Court has admitted the second appeal, issued notices to the respondents and granted interim order. The recall application has been filed on the ground that the second appeal is not maintainable against a remand order in view of the provisions of Order XLIII Rule 1 (u) of the Code of Civil Procedure, 19081.

(2.) The plaintiff-appellant had instituted a civil suit in the Court of the Civil Judge, Senior Division, Hapur, which was registered as O.S. No. 66 of 2008, Ashok Kumar Sharma v. Smt. Rameshwari and others, for permanent injunction restraining the defendants from interfering in his possession over the suit property and to declare the sale-deed dated 10th December, 2007 as void and non est. The defendants contested the matter and the plaintiff's suit was decreed vide judgment and decree dated 09th March, 2016. Aggrieved by the said judgment and decree of the trial Court, the defendant-respondent no. 1 preferred a civil appeal, being Civil Appeal No. 29 of 2016, Smt. Beena Sharma v. Ashok Sharma and others, which was allowed by the lower appellate Court vide its judgment and decree dated 02nd February, 2017 and the judgment and decree dated 09th March, 2016 of the trial Court was set aside and the matter was remanded back to the trial Court to decide the matter afresh in the light of the observations made by the lower appellate Court.

(3.) Against the said remand order and decree dated 02nd February, 2017 and 13th February, 2017 respectively passed by the District Judge, Hapur in Civil Appeal No. 29 of 2016, the present second appeal has been filed by the plaintiff-appellant.