KANHU PADHAN Vs. PITAMBARA PADHAN

JUDGEMENT

(1.) Mr. Mishra, learned senior advocate appears on behalf of appellants and submits, the order of remand made by the First Appellate Court should be set aside in appeal. For the purpose, the appeal be admitted on the substantial question of law involved, inasmuch as, when the first appellate Court found that it had no reason to differ with conclusion part only in judgment of the trial Court to deny relief as against issue no.6, remand on issue no.7 could not have been directed.

(2.) It appears, plaintiffs filed for declaration and injunction in respect of suit property. Issue nos.6 and 7 as appearing in judgment of the trial Court are extracted and reproduced below:-

(3.) Mr. Mishra's contention is that when issue no.6 has been concurrently answered against plaintiff, there cannot be any relief granted to plaintiff on issue no.7. Where plaintiff has been found not having right, title, interest or possession over the suit land, there is no question of entitlement to order of permanent injunction.