PENTAMEEDI KOMURAIAH Vs. PENTAMEEDI ODAIAH

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 by the appellant/defendant is directed against the decree and judgment dated 25.04.2008 of the learned District Judge, Karimnagar passed in A.S. No. 76 of 2006, whereby learned District Judge while allowing the said appeal had set aside the decree and judgment dated 21.11.2005 of the learned Principal Junior Civil Judge, at Karimnagar passed in O.S. No. 507 of 2002 and had remanded the suit to the trial Court with a direction to permit the plaintiff to adduce additional evidence as sought for in I.A. No. 401 of 2008 filed in the appeal suit and give an opportunity to the sole defendant to adduce rebuttal evidence, if any, and dispose of the suit afresh in accordance with law.

(2.) I have heard the submissions of the learned counsel for the appellant/defendant. I have perused the material record.

(3.) THE facts necessary for consideration, in brief, are as follows: