( 1 ) THIS appeal which is titled as miscellaneous second appeal and is virtually an appeal under order 43, Rule (1) of the Code of Civil Procedure against an order of remand and may be termed first appeal from order itself has arisen from the judgment and order dated 1-12-1993 given by the additional civil judge and assistant sessions judge, tumkur (sri h. r. deshpande) in regular appeal No. 188 of 1990 arising out of judgment and decree dated 2-11-1990 delivered by the principal munsiff, tumkur in original suit No. 412 of 1989.

( 2 ) THE plaintiff-respondent filed the suit for relief of permanent injunction directing the defendants to restore the schedule property to its original condition by filling up the pits and by removing the earth. The plaintiff claimed himself to be the owner in possession of the land marked in the plaint sketch by letters 'abcdefg'. The plaintiff based his claim on the basis of certain registered sale deed wherein the property have been alleged to have been purchased from Smt. lakshminarasamma. The defendants contested the suit and filed the written statement and on the basis of the pleadings of the parties, the trial court framed the fo