SHANTABAI AND OTHERS Vs. DILIPSINGH AND ANOTHER

JUDGEMENT

(1.) The appellants/defendants have filed this appeal under Order 43, Rule 1(u) read with section 104 of the C.P.C. against the order dated 22.6.2016 passed by learned Additional District Judge, Sonkachh, District Dewas in Civil Appeal no. 3-A/2014 by which the judgment and decree dated 11.8.2014 passed by the learned Civil Judge, Class-II, Sonkachh has been set aside and the suit has been remanded back to civil judge for deciding afresh on merit.

(2.) The facts of the case, in short are that, the respondent no. 1/plaintiff filed the suit seeking multiple reliefs of declaration, permanent injunction and consequential relief in respect of House No. 74 (old No. 65), Ward No. 6, M.G. Road, Village Bhaurasa (hereinafter, for short, "the suit house"). The plaintiff sought declaration of title on the pretext of adverse possession and also challenged the sale-deed no. 369 dated 20.4.2010 executed by defendant no. 1 and 2 in favour of defendant no. 3 as void against the title of the plaintiff. The plaintiff had also sought the relief of permanent injunction that the defendants be restrained to interfere into the peaceful possession of the suit house and not to evict him without following due process of law. The plaintiff had also sought cancellation of the mutation in favour of defendant no. 3 by defendant No. 4.

(3.) According to the plaintiff, the suit house was initially owned by Pannalal S/o. Kanhaiyalal, which was sold on 24.4.1978 by way of auction in Execution Case no. 116/70-71. In the said auction proceedings, one Smt. Mishribai W/o. Devilal purchased the suit house in a sum of Rs. 7,500/- and the sale-deed was executed on 2.12.2002 in her favour. The Nagar Panchayat Parishad, Bhaurasa had also mutated the suit house in the name of Mishribai.