THUMMALURU VANAJAKSHAMMA Vs. THUMMALURU VENKATA SIVA REDDY

JUDGEMENT

(1.) The appellants and respondents herein who are plaintiffs and defendants in the suit respectively, hereinafter referred to as Plaintiffs and defendants respectively. The plaintiffs filed the suit to declare the gift deed executed by the 1stdefendant in favour of the 2nddefendant is not binding on the plaintiff and for consequential relief of permanent injunction. The suit OS No.129 of 2012 was dismissed by an order dtd. 18/11/2017 by the Junior Civil Judge, Rajampet.

(2.) Aggrieved by the said judgment and decree in O.S. No.129 of 2012 on the file of the Junior Civil Judge, Rajampet, the Plaintiff filed an appeal vide A.S. No.4 of 2018 on the file of the III Additional District Judge, Rajampet. The Lower Appellate Court Judge by an order dtd. 6/7/2022 has set aside the judgment and decree in the suit and remanded back to the trial court.

(3.) Against the said remand order, the plaintiff has filed the present Civil Miscellaneous Appeal. It is the contention of the plaintiff that the 1stappellate court failed to see the evidence on record which is sufficient to decide the matter by framing issue and remanding the matter to lead additional evidence and additional written statements. Leading the evidence may cause unnecessary delay in disposal of the suit. The other grounds raised by the plaintiff, which are disputed facts, which have already answered by the trial court.