JUDGMENT :

(Ajoy Kumar Mukherjee, J.) :

1. The instant appeal has been preferred by the plaintiffs/appellants against the order of remand vide judgment and decree dated February, 12th 2014 passed by the learned Additional District Judge, 14th Court, Alipore, in T.A No. 126 of 2012. By the order impugned learned Court below modified the judgment and decree dated 26th April, 2012 passed by learned Civil Judge (Senior Division) 7th Court, Alipore, in T.S. no. 86 of 2005 and thereby ordered to send the matter before the Trial court on restricted remand as if it is a partition suit to mould the Relief to the parties.

2. The background of the case is that the father of the parties namely Sudhangshu Sekhar Dhara (since deceased) executed an alleged family settlement dated 6th July 1992 and distributed his property among his sons and daughters and retained one portion under his ‘khas’ possession. In the said deed it was specifically mentioned that aforesaid Sudhangshu would enjoy the property as trustee and after his demise the trust would be dissolved and the beneficiaries would get their portion absolutely. Subsequently on January, 3rd 1996, said Sudhangshu executed a deed of revocation,