GEEGRAJ Vs. NAGARMAL

JUDGEMENT

(1.) This misc. appeal has been filed under Order 41 Rule read with Rule 23-A of the Code of Civil Procedure (for short ..CPC..) against the impugned judgment dtd. 27/10/2005 passed by the Additional District Judge, Khetri in Civil Regular Appeal No.13/2004 by which the judgment and decree dtd. 8/2/1994 passed by Civil Judge, Khetri, District, Jhunjhunu was quashed and-set-aside and the matter was remanded to the Civil Judge to decide the suit afresh after affording the opportunity of hearing to both sides.

(2.) Feeling aggrieved by the impugned judgment appellant- plaintiff has submitted this appeal inter alia on the ground that the original suit for permanent injunction was instituted in the year 1984 and the same was decreed by the learned Civil Judge vide judgment dtd. 8/2/1994 and the original defendants- respondents were directed not to dispossess the plaintiffs- appellants from the land in question without following the process of law and in the alternative, a direction was issued to regularize the possession of appellants-plaintiffs, if permissible as per law.

(3.) Counsel for the appellants-plaintiffs submitted that the original defendants were satisfied with the judgment dtd. 8/2/1994 and they have not assailed the same before the Appellate Court. Hence, the judgment dtd. 8/2/1994 has attained finality to their extent.