JUDGMENT (S.B. Sinha, J.)

1. Leave granted.

2. This appeal is directed against a judgment and order dated 8.4.2004 whereby and whereunder the High Court of Judicature at Hyderabd set aside the judgment and order dated 24.4.1998 passed by the VII Senior Civil Judge, City Civil Court, Hyderabad in O.S. No. 573 of 1991 and remanded the matter back to the learned trial judge.

2.1 Devi Singh is the predecessor-in-interest of the respondent. The original dispute between the parties centered round 1250 square yards of land purported to be situated in a market called `Maidan Bazaar Jamerath situate at Karvan Aspan and bounded on the east by canal and police station, on the west by `Bakar Mandi, on the north by cement road, graveyard and huts belonging to the plaintiff and on the south by land, huts and graveyards belonging to the plaintiff. It was said to be the ancestral property of the plaintiff and was owned by him having been purchased by his ancestors.

2.2 In the said suit, Devi Singh sought for permanent injunction restraining the appellant herein from interfering with his peaceful possession and enjoyment over the said property. The said property consisted of open land.

2.3 The said