PRADEEP KUMAR TAMKORIA Vs. BHAWANI VERMA; RESHU VERMA; VEENA VERMA; BIKASH KUMAR VERMA; PRAKASH KUMAR VERMA; ANIL KUMAR SINHA; TRIBHUWAN KISHORE NARAIN SINHA; SUNIL KUMAR SINHA; ADYA PRASAD SINHA; RAM SAKHI DEVI AND ORS

JUDGEMENT

(1.) The plaintiffs-appellants have preferred this appeal against the judgment and order dated 21.01.2013 passed by the learned 3rd Additional District Judge, Begusarai in Title Appeal No.45/2008 by which he has set aside the judgment and decree dated 30.04.2008 passed by the learned 1st Subordinate Judge, Begusarai in Title Suit No.51 of 1982 and has remitted back Title Suit to the 1st Subordinate Judge to settle relevant issues on recast and to decide objection petition against Survey Knowing Pleader Commissioner and to pass a fresh judgment and decree in accordance with law.

(2.) The suit was instituted by the plaintiffs for declaration of title and recovery of possession and for setting aside the sale deed and also for mesne profit. The defendants entered appearance and contested the case leading to the aforesaid judgment whereby the trial court decreed the suit and the defendant 1st party was directed to hand over the vacant possession of the suit house and the land to the plaintiffs within two months from the date of the order. The defendants preferred the aforesaid Title Appeal No.45/2008 against the judgment and decree of the learned Sub-Judge. The title appeal has been allowed. The judgment and decree of the learned Sub-Judge passed in Title Suit has been set aside and the suit has been remanded for a fresh judgment in accordance with the directions.

(3.) The learned counsel for the appellants has submitted that the impugned order is bad in law. It is impermissible to remand the matter on the grounds mentioned by the appellate court. He submits that the matter has been remitted back on the ground that the learned trial court ought to have settled the following issues also for determination besides the other issue :