MANDAVILLI KANAKA DURGAMBA Vs. VURUMA NAGA VENKATA SOMASEKHAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed under Order 43 Rule 1(u) of Code of Civil Procedure, 1908 (in short 'C.P.C.') by plaintiff Nos.,2, 3, 6 and 7 against the impugned judgment and decree in A.S.No.116 of 2009, dtd. 21/3/2013 on the file of I Additional District Judge, West Godavari, Eluru (in short, appellate court) whereby the judgment and decree in O.S.No.40 of 2003, dtd. 2/2/2008 on the file of Additional Senior Civil Judge's Court, Eluru (in short, trial court) was set aside, and the appeal was allowed in favour of the defendants remanding the matter to the trial Court for a fresh disposal.

(2.) The appellants herein were the plaintiffs 2, 3, 6 and 7, whereas the respondents were the defendants before the trial court. For the sake of convenience, parties hereinafter will be referred to as arrayed before the trial Court

(3.) Bereft of unnecessary details, facts necessary for the disposal of the appeal in brief need mention in order to appreciate the controversy involved in the appeal.