SUNIL UPADHAYA Vs. NITIN MATHUR

JUDGEMENT

(1.) The defendants / appellants have filed this appeal under Order 43 Rule (u) of CPC challenging the judgment dtd. 30/09/2022 passed by Principal District Judge, Shivpuri in Civil Appeal No. 5-A/2019 and Civil Appeal No. 10-A/2019, whereby, learned Appellate Court allowed the application under Order 41 Rule 27 of CPC filed by the plaintiffs after setting aside the judgment and decree passed by the learned Trial Court and remanded the matter for fresh decision after taking evidence as per the aforesaid application.

(2.) The facts necessary for decision of this case are that the plaintiff filed the present suit for declaration and injunction interalia on the ground that suit property is infact public road and the defendants encroached upon the said land.

(3.) On the other hand, defendants filed their written statement claiming title over the property based upon the registered sale deed dtd. 26/09/1996. Thus, the issue before the learned Trial Court was merely as to whether the suit property is a public road or it is the private property of the defendants.