(1.) This Civil Miscellaneous Appeal is filed assailing the judgment dated 22.03.2005 in A.S. No.60 of 2001 on the file of the Court of II Additional District Judge, Vijayawada, whereby and whereunder the judgment dated 28.09.2001 in O.S. No.511 of 1992 on the file of the Court of III Additional Senior Civil Judge, Vijayawada, was set-aside and remanded the matter back for fresh disposal.
(2.) Appellant herein is 1st respondent in the A.S. and plaintiff in the O.S. Respondent No. 1 herein died during the pendency of the A.S., who is appellant No.1 in the A.S. and defendant No.2 in the O.S. Respondent No.2 herein is appellant No.2 in the A.S. and defendant No.3 in the O.S. Respondent No.3 herein is respondent No.2 in the A.S. and defendant No.1 in the O.S. Respondents 4 to 6 herein, who are legal heirs of Respondent No.1, are respondent Nos. 3 to 5 in the A.S.
(3.) For the sake of convenience, the parties herein after referred to as they arrayed in the original suit.