ORDER :

D.V.S.S. Somayajulu, J.

1. This civil miscellaneous appeal is filed questioning the order, dated 18.7.2018, passed in AS No. 225 of 2008 by the learned XI Additional District & Sessions Judge, Visakhapatnam. By the impugned judgment the appeal was allowed setting aside the decree and judgment dated 23.6.2008 in OS No. 40 of 1997 passed by the learned Junior Civil Judge, Bheemunipatnam and the matter was remanded to the 1st Court to receive the additional evidence filed by both the appellant and the defendants.

2. This Court has heard Sri M. Radha Krishna, learned Counsel for the appellant and Sri P. Rajasekhar, learned Counsel for the respondent.

3. Learned Counsel for the appellant relied upon number of judgments of the Hon'ble Supreme Court of India reported in Uttaradi Mutt v. Raghavendra Swamy Mutt, 2018 (6) ALD 102 (SC) : (2018) 10 SCC 484; H.P. Vedavyasachar v. Shivashankara and another, (2009) 8 SCC 231 and Shanti Devi v. Daropti Devi and others, (2006) 13 SCC 775 and the judgment of a learned Single Judge of this Court reported in Kesava Reddy v. A. Virupaksha Reddy and others, 2016 (1) ALD 564.

4. Learned Counsel for the appellant argued that the lower Court committed a