JUDGMENT:

Plaintiff in the suit filed the above Civil Miscellaneous Appeal under Order XLIII Rule 1 (u) of CPC, against the judgment and decree dated 06.05.2022 in A.S.No.110 of 2013 on the file of I Additional District Judge, Eluru, whereby the first appellate Court set aside the judgment and decree dated 29.11.2012 in O.S.No.832 of 2007 on the file of Principal Junior Civil Judge, Eluru and remanded the matter to the trial Court.

2. Parties to this judgment are referred to as per their status in the suit.

3. Plaintiff filed suit O.S.No.832 of 2007 seeking permanent injunction in respect of plaint schedule property.

4. The averments, in brief, in the plaint are that the plaintiff is brother’s son of one Rayulu; that defendant is wife of said Rayulu and they have no male issues and the plaintiff was brought up by defendant and Rayulu from the age of 5 years; that plaintiff looked after the affairs of defendant and Rayulu; that out of love and affection Rayulu executed a registered Will dated 01.05.2004 in a sound and disposing state of mind and died on 26.12.2006; that under the said Will the executant bequeathed the landed property and also plaint schedule property, in which the plain