LADKANWAR BAI Vs. GRAM PANCHYAT MANOHARTHANA

JUDGEMENT

(1.) This misc. appeal under Order 43 Rule 1(u) read with Sec. 151 CPC has been directed against the impugned judgment dtd. 4/10/2001 passed by the Court of Additional District Judge, Aklera, District Jhalawar in regular appeal No.8/2000 by which the appeal filed by the defendant-respondent was allowed and after setting aside the judgments dtd. 4/6/1994 and 18/10/2000 passed by the Civil Judge (Junior Division), Jhalawar in original suit No.95/1993, the case was remitted back to the trial Court for fresh adjudication.

(2.) Facts, in brief, of the case are that the plaintiff (appellant herein) instituted a suit for perpetual injunction under the Specific Relief Act for removal of wall against the defendant before the Court of Civil Judge (Junior Division), Aklera, District Jhalawar, which was decreed on 4/6/1994 and the defendant was directed to remove the wall as described in Para No.1 of the plaint and not to cause any hinderance or interference with the possession of the plaintiff and the defendant was further directed to pay cost of Rs.500.00.

(3.) Feeling aggrieved by the judgment dtd. 4/6/1994, the defendant submitted Regular First Appeal before the Court of Additional District Judge, Aklera, District Jhalawar and also submitted an application under Order 41 Rule 27 and 28 CPC for taking certain documents on record and prayed for remanding the matter to the trial Court for fresh adjudication of the suit after giving opportunity of hearing to both sides to lead their evidence and to decide the suit afresh. And accordingly the suit was remanded back by the Appellate Court to the trial Court vide judgment dtd. 4/1/2000.