KESAVA REDDY Vs. A. VISUPAKSHA REDDY AND ORS.

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal arises out of the judgment and decree, dated 25 -08 -2014, in AS. No. 60 of 2012, on the file of the Court of the learned II Additional District Judge, Kurnool at Adoni, whereby he has remanded the case to the Court of the Junior Civil Judge, Aluru, for considering the additional documentary evidence filed by respondent Nos. 2 to 6, who are the appellants before it, and to answer the issues afresh.

(2.) I have heard Mr. M. Radha Krishna, learned Counsel for the appellant, and Mr. K. Sitaram, learned Counsel for respondent Nos. 2 to 6.

(3.) THE learned Counsel for the appellant has submitted that the lower appellate Court has committed a grave procedural illegality in remanding the case for fresh disposal by the trial Court. In support of his submission, he has placed reliance on Rule 28 of Order XLI of the Code of Civil Procedure, 1908 (CPC) and also on the judgment of the Supreme Court in H.V. Vedevyasachar vs. Shivashankara and another : 2010 (2) ALD 86 (S.C.).