JUDGMENT :

1. CAN 7769 of 2017 is an application filed by respondent No.1-3/applicants praying for recording abatement of the instant appeal.

2. For proper disposal of the instant application it is necessary to state the following factual background:-

3. One Bindabala Karmakar and her sons and daughters, being legal heirs and representatives of one Prafulla Chandra Karmakar, since deceased filed a suit for declaration, cancellation of purported sale deeds executed in favour of the father of the defendants/appellants and in the alternative for pre-emption of the suit property mentioned in schedule-B of the plaint. The suit was filed in the 3rd Court of the learned Civil Judge (Junior Division), Asansol and registered as Title Suit No.115/1996. The trial court dismissed the suit on contest. The plaintiffs (six in number) preferred an appeal against the said judgment and decree of dismissal of Title Suit No.115 of 1996 in the Court of learned Civil Judge (Senior Division) Asansol. The said appeal was registered as Title Appeal No.17 of 2001.

4. After hearing, the learned Judge in 1st Appellate Court allowed the appeal and remanded the suit back to the trial court for fresh trial with cert