HEMAYTUL MOKIT Vs. GABBAR ALIAS RAHDESHYAM

JUDGEMENT

(1.) Heard Sri Ashish Kumar Srivastav, learned counsel for the appellants and Sri Sanjai Srivastava, learned counsel for the respondents.

(2.) The present appeal is directed against the judgement and order dated 30.07.2012 passed by Additional District Judge, Court No.2, Varanasi whereby he has allowed the appeal of defendants/respondents and remanded the matter back to the trial court for deciding afresh.

(3.) The brief facts giving rise to the present appeal are that the plaintiffs/appellants instituted a suit on 17.01.1983 under Order 1 Rule 8 of C.P.C. in representative capacity for permanent injunction restraining defendants/respondents from interfering in the peaceful possession of the plaintiffs in respect of Araji No.357/577 area 82 decimal situated in Mauja Konia, Pargana and Dehat Amanat, District Varanasi and further defendants/respondents be restrained from burning Holika on the said plot.