( 1 ) THIS appeal is directed against the judgment and order of the Additional District Judge, Anantapur, dated 5/02/1958, in A. S. No. 64 of 1957, on the file of the said Court, ordering remand of the suit to the Court of first instance, namely the Court of the District Munsif of Anantapur for fresh disposal.

( 2 ) THE question for determination in this appeal is whether the order of remand passed by the Additional District Judge is legally sound and supportable.

( 3 ) THE plaintiff brought the suit O. S. 275 of 1955 out of winch this present appeal has arisen for a declaration of his rights as well as that of the village community to use the public pathway indicated in the plaint plan, and to the peaceful enjoyment thereof as well as the open space around a certain fire pit situated in the area, and for an injunction restraining the defendant from interfering with the said rights, and for a mandatory injunction for the removal of the carts of the defendant from the place marked C in the plaint plan and to close up the new and unauthorised pathway marked AB in the plaint plan. The defendant contested the suit on various grounds. Based on the respective contentions i