(1.) Heard the counsel for the parties.
(2.) This Miscellaneous Appeal is directed against the order, dated 23.5.2009, passed by Sri Arun Kumar Srivastava, District Judge, West Champaran, Bettiah, in Title Appeal No. 69 of 2002, by which he has set aside the judgment and decree passed by the trial Court in Title Suit No. 167 of 1997 and remanded the case for consideration afresh in accordance with law after giving opportunity of hearing both the parties.
(3.) Plaintiff filed a suit for declaration that the sale deed, dated 13.2.1996, with respect to land of khata No. 5, plot No. 147, area 5 kathas is false, fabricated, sham, void and without consideration, which is not binding on the Plaintiff.