ORDER :

1. This Appeal is directed against a judgment and order dated 18th June, 2019, passed by the learned District Judge whereby the learned District Judge was persuaded to partly allow the Appeal, set aside the judgment and decree dated 25th April, 2017, passed by the learned Civil Judge, Senior Division, Pune in Special Civil Suit No. 1044 of 2010 and remand the suit for fresh decision on the issue framed by the learned District Judge in paragraph Nos. 60 and 75 of the impugned judgment and order, purportedly under Order 41, Rule 25 of the Code of Civil Procedure, 1908 (“the Code 1908”).

2. Shorn of unnecessary details, background facts necessary for the determination of this Appeal can be summarised as under:

(a) For the sake of the convenience and clarity, the parties are hereinafter referred to in the capacity in which they were arrayed before the Civil Court.

(b) A suit for cancellation of agreement for sale, possession, declaration and perpetual injunction was instituted with the assertions that the plaintiff is the owner of the property, situated at Survey No. 27, Hissa