JUDGMENT

Gyan Sudha Misra, J.- The impugned order dated 05.10.2010 passed by the Division Bench of the High Court of Karnataka at Bangalore in R.F.A.No. 597/2004 is under challenge in this appeal after grant of special leave at the instance of the plaintiff-appellant by which the High Court has set aside the judgment and decree of partition passed in favour of the plaintiff-appellant by the Civil Judge (Sr. Divn.) Chikmagalur dated 28.01.2004 and the appeal was remanded to the trial court in order to consider the matter afresh. The defendants-respondents herein have also been granted liberty to file written statement and produce the documents within four weeks from the date of the order passed by the High Court and the trial court was directed to dispose of the suit on merits in accordance with law within a period of six months. However, the decree of partition which the plaintiff- appellant already got executed in his favour was made subject to the result of retrial of the suit.

2.

(i) The core question which requires determination in this appeal is whether the High Court exceeded its jurisdiction by directing the trial court for retrial of the suit and permitting the defendants