ABIDA BEGUM Vs. ZIANA

JUDGEMENT

(1.) MST . Abida Begum widow of Abdul Majid, Mst. Nazia Tabasum and Arifa Majid had filed a suit for declaration to the effect that Will executed by one Ahad Shiekh on 29.4.1994 in favour of Ali Mohd. Naik and registered on 9.5.1994, acknowledging him as a Pissar Parvardah, was wrong, baseless, null and void and for permanent prohibitory injunction to restrain Ahad Shiekh and Mst. Zaina Begum from transferring the property situated at village Krawa Tehsil Banihal to Ali Mohd Naik or any other person. This suit was decreed by learned Munsiff Banihal vide his judgment and decree dated 6.9.2004, holding that Will executed by Ahad Shiekh in favour of Ali Mohd Naik was null and void, in -operative and not binding on the rights of the plaintiffs.

(2.) AGGRIEVED by the judgment and decree of learned Munsiff Banihal, Mst. Zaina and Ali Mohd Naik had preferred an appeal before learned Additional District Judge Ramban. Learned Additional District Judge has vide his judgment of November 20, 2007, remanded the case to learned Munsiff Banihal for passing fresh judgment after hearing learned counsel for the parties.

(3.) MST . Abida Begum and the legal representatives of Abdul Majid have filed this appeal questioning First Appellate Courts remand order on the ground that the appellate Court had omitted to consider the provisions of Order 41 Rule 24 of the Code of Civil Procedure and pass requisite orders in the appeal on the basis of the evidence, which was available on records.