GOLAM MOHAMMAD Vs. SK FAKIR

JUDGEMENT

(1.) THIS revision is directed against the order dated 23.10.1998 passed by the District Judge, Cuttack, in Title Appeal No. 124 of 1996 remanding the matter back to the trial Court under Order 41, Rule 25 of the Code of Civil Procedure.

(2.) THE case of the petitioners is that they as plaintiffs filed Title Suit No. 456 of 1987 before the 1st Additional Civil Judge (Senior Division), Cuttack for declaration of right, title, interest, and possession over the suit property, or in the alternative, for necovery of possession thereof. They also made a prayer for permanent injunction restraining the defendant -opposite parties from interfering with their peaceful posseasion over the suit property. The suit was decreed in their favour. Therelafte the unsccessful defendants Titie preferred Title Appeal No. 124 of 1996 before the District Judge, Cuttack. The appellate Court, after hearing the parties, remanded the matter to the trial Court under Order 41, Rule 25 C.P.C., which, according to the petitioners, is not proper.

(3.) MR . S. Mohanty on behalf of Mr. R.K.Mohanty, learned Counsel for the opposite parties, on the other hand, submitted that since the lis has been kept pending before the appellate Court awaiting the finding of the trial Court on the additional issues, this revision is not maintainable. He also submitted that the appellate Court has rightly remanded the matter since no issue had been framed with regard to acquisition of title by way of adverse possession.