JUDGMENT

1. This appeal under Order XLIII Rule 1(u) of CPC filed by the defendant challenging the judgment dtd. 28/3/2023 passed by the Senior Civil Judge and JMFC, Holenarasipura in R.A.No.31/2021 whereby the appeal is allowed and the matter has been remitted back to the trial Court for fresh consideration.

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

3. The plaintiff has filed the suit for declaration of title and mandatory injunction in O.S.No.291/2012. The trial Court by judgment and decree dtd. 29/9/2020 has been dismissed the suit. Being aggrieved by the same, the plaintiff has filed the regular appeal before the Senior Civil Judge and JMFC, Holenarasipura in R.A.No.31/2021. Along with the appeal, he has filed I.A.No.II under Order VI Rule 17 read with Sec. 151 of CPC and I.A.No.III under Order XLI Rule 27 of CPC. The First Appellate Court by judgment dtd. 28/3/2023, has allowed both applications and set aside the judgment and decree passed by the trial Court and the matter has been remitted back to the trial Court for fresh consideration. Being aggrieved by the same, the defendant is before this Court in this app