RABIN MANDAL Vs. SARALA MONDAL

JUDGEMENT

(1.) This appeal is directed against the judgement and decree dated 30th December, 2011 passed by the learned Additional District Judge, A and N Islands, Port Blair in Title Appeal No.04 of 2010 thereby reversing the judgement and decree dated 07.02.2002 passed by the learned Civil Judge (Senior Division), Port Blair in Title Suit No.19 of 1990.

(2.) The plaintiff/appellant herein instituted the aforesaid suit for declaration of share, partition and other reliefs against the defendants/respondents herein. The defendant No.4/respondent no. I herein contested the said suit denying the material allegations raised in the plaint. The said suit was decreed on contests in the preliminary form declaring the share of the parties in the suit property as described in the schedule to the plaint.

(3.) Being aggrieved the defendant no.4/respondent no.1 herein preferred an appeal being Title Appeal No.04 of 2010 which was allowed and the original suit was sent back on remand with certain directions. Being aggrieved by the said order of remand, this Misc. Appeal has been preferred by the plaintiff.