JUDGMENT :

SACHIN SHANKAR MAGADUM, J.

1. The captioned miscellaneous second appeal is filed by the appellants/defendants questioning the judgment and decree dated 31.01.2013 passed by the Fast Track Court, Jamakhandi, in R.A. No. 25/2008 in remanding the matter to the trial Court for fresh consideration.

2. For the sake of convenience, the parties are referred to as per their rank before the trial Court.

3. The facts leading to the case are as under:

The controversy between the parties revolves around the dispute in regard to “AB” wall of defendants. The sketch would be relevant to understand the rival claim of defendants and the plaintiff, which is extracted as under:

The plaintiff filed the suit for mandatory injunction and also claimed perpetual injunction against the defendants. The plaintiff claims to be owner of the property bearing CTS No. 3239A/3 and the same is shown by letters “ABEFG” shown in the sketch. It is further contended that the defendants are the owners of the h