ORDER :

V. SRISHANANDA, J.

Present Miscellaneous Second Appeal is filed by the plaintiff challenging the order passed by the First Appellate Court in R.A.No.10002/2019, whereby appeal came to be allowed and judgment and final decree passed by the trial Court in F.D.P.No.4/2013, dated 16.11.2013 is set aside and matter is remitted to the trial Court for fresh disposal after appointing the fresh Court Commissioner.

2. Facts, in the nutshell, which are utmost necessary for disposal of the present appeal are as under:

Suit in O.S.No.203/2005 claiming partition and separation of the following properties came to be decreed on 12.04.2012:

“SUIT ‘A’ SCHEDULE PROPERTIES

Item No.1

All the piece and parcel of the property bearing Sy.No.74 situated at Huligadde village, Humcha Hobli, Hosanagara Taluk, Shimoga 10 acre 16 guntas and bounded by :

East : River Kumadwathi; West : Government Land;

North : River and annappa Naika’s land;

South : Lands of Chandra Naika;

Item No.2:

All the piece and parcel of the property bearing Sy No.20 situated at Tariga, Amrutha village, Humcha hobli, Hosanagara Taluk, Shimoga 4 acres 19 guntas, in which 12 teak wood trees are standing and bounded by:

East : Lands of Eshwarappa