JUDGMENT :

C.L. Soni, J.

This appeal under Section 100 of the Code of Civil Procedure is against the judgment and order dated 31.12.2011 passed by learned Second Additional Sessions Judge, Jamnagar in Regular Civil Appeal No.41 of 2010, whereby the learned Appellate Judge quashed and set aside the judgment and decree passed by the learned Trial Judge in Regular Civil Suit No.135 of 2005 dated 5.3.2010 and remanded the matter to the Trial Court for the purpose of deciding the below mentioned issue raised by the learned Appellate Judge,

"whether the suit filed by respondent No.1 was barred on account of non-issuance of statutory notice".

2. Respondent No.1 had filed the suit for declaration that the suit land was of his ownership and possession and the action of the appellant of removing the construction on the suit land was illegal and for permanent injunction restraining the appellant and other authorities from obstructing respondent No.1 from cultivating the land and enjoyment thereof.

3. The above suit was resisted by the appellant stating that respondent No.1 had no right and title to the suit property, that he had encroached upon the property and he had no right to remain on the sui