A RAMAIAH Vs. A PEDDA SAYANNA SAILOO DIED

JUDGEMENT

(1.) The respondents in A S No. 41 of 1984 on the file of Subordinate Judge, Bodhan and plaintiffs in O S No. 50 of 1979 on the file of the District Munsif, Yellareddy, are the appellants in this civil miscallaneous appeal. The appeal is directed' against the judgment and decree dated 8-7-1986 passed by the learned Subordinate Judge, Bodhan, allowing the appeal and remanding the case to the trial court for fresh trial.

(2.) Sri Prakasha Rao, the learned counsel for the appellants submits that the order of remand passed by the lower appellate court is unsustainable in law. He further submits that the learned Subordinate Judge has not adverted to the necessary findings recorded by the trial court and passed the judgment under appeal, without any regard to the requirements of Order 41 Rule 23-A C P C and the judgment and decree are therefore liable to be set aside Sri Subhashana Reddy, the learned counsel for the respondents on the other hand submits that inasmuch as the respondents / defendants raised the question of title and claimed title in them but the trial court did not give any finding on the question of title, so the learned Subordinate Judge was justified in remanding (he matter.

(3.) The short point that arises for consideration is whether the judgment and decree under appeal remanding the case to the trial court are sustainable in law ?