JUDGMENT :

1. The appellant has preferred this Appeal from Order under Section 104 read with Order XLIII, Rule 1 (r) of the Code of Civil Procedure against the judgment and decree dated 30.7.2016 rendered by learned Additional District Judge in Regular Civil Application No.47 of 2013, whereby learned Additional District Judge has set aside the judgment and decree passed by learned 8th Additional Senior Civil Judge, Bharuch, dated 1.5.2013 passed in Special Civil Suit No.103 of 2005 with a direction to consider the evidence produced by the defendant and also to consider the evidence produced by the plaintiff thereon and to decide the suit afresh.

2. It is the contention of the appellant, who is the original plaintiff, that he has preferred Special Civil Suit No.103 of 2005 before learned Principal Civil Judge, Bharuch, against the respondents herein which came to be partly decreed in favour of him and the respondents were directed to give vacant and peaceful possession of the suit property to him. It is contended that being aggrieved with the said judgment and decree, the respondent preferred Regular Civil Application No.47 of 2013 before District Court, Bharuch, wherein by the impugn