ANUJA PRABHUDESSAI, J.

1. Admit.

2. With the consent of the learned Counsel for the respective parties, the appeal is taken up for final hearing at the stage of admission.

3. The appellant herein has challenged the judgment and order dated 3rd May, 2014, whereby the Adhoc District Judge-I, Vasai has set aside and quashed the judgment and decree dated 28.2.2013 and remanded the suit with direction “to allow the plaintiff and the defendant to establish their respective claims so that the dispute should be resolved in proper legal manner following the observations made in the judgment, but not swaying away with it.”

4. Heard Mr. Gorwadkar, the learned Counsel for the Petitioner and Mr. Tendulkar, the learned Counsel for the respondent. I have perused the impugned judgment, the pleadings and I have considered the submissions advanced by the learned Counsel for the respective parties.

5. The appellant herein claims to be the owner of the suit flat no. 13, B Wing, in Gitanjali Co-operative Housing Society. It is the case of the appellant that he had allowed his brother i.e. the respondent herein to occupy the suit flat. The respondent refused to vacate the suit flat and this resulte