SHEESHA NARAYAN Vs. BABU LAL

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner-plaintiff has beseeched to quash and set-aside the order dated 25th January, 2010, whereby the learned appellate court set-aside the decree dated 4th March, 1995 and remitted the case to the trial court for deciding it afresh after affording an opportunity of being heard to both the parties.

(2.) SHORN of unnecessary details, the facts of the case are that the petitioner-plaintiff filed a suit for permanent injunction against the defendants-respondents in the court of Civil Judge (Jr. Division), Kishangarh Bas, District Alwar, wherein it was averred that the plaintiff was allotted 16 bighas of agriculture land by the defendants and the same was mutated in the revenue record. It was alleged by the petitioner-plaintiff that the defendants were endeavouring to dispossess the plaintiff from his land. Thereafter the suit came to be decreed on 4th March, 1995 on the basis of compromise. The said decree was assailed by the respondents-defendants in the court of appeal and the learned Additional District Judge No.1, Kishangarh Bas, District Alwar set-aside the compromise decree dated 4th March, 1995 and remitted the case to trial court for deciding the suit afresh, as indicated above.

(3.) RULE 3 of Order 23 CPC envisages as under: