Once a suit has ended in a decree, it cannot normally be permitted to be withdrawn at the appellate stage.

1. Both these appeals are against the orders of remand passed by the lower court in two connected appeals arising out of two suits for redemption of mortgages with respect to two separate portions of the same property. The suit properties belonged to Ayani Madom tarwad. In partition of the said tarwad as per Ext. Al of the year 1104, Sy. No. 127/1F-5 acres in extent was allotted to the share of one Pennamma. After her death, her legal heirs assigned the property to the plaintiff as per Ext. All dated 30-2-1122. The plaintiff executed two mortgages Exts. A5 and A6 in respect of two separate portions of the property. The mortgage rights now vest in the 1st defendant. Both the suits are for redemption of the mortgages Exts. A5 and A6 and for recovery of possession of the respective portions of the property mortgaged. Defendants 2 and 3 who according to the plaintiff are in possession of the land on the east of the suit properties, are impleaded in both the suits as they are laying claim to portions of land in Exts. A5 and A6 and are attempting to trespass upon the same.

2. The 1st defendant admits the plaintiff's title and has no objection in the suits being decreed for redemption and recovery of possession of the properties mortgaged. Both the suits were contested by defendants 2 and 3. According to them they are in possession of 5.47 acres of land after having obtained assignment from other sharers who got the same allotted in partition of Ayani Madom tarwad. The description of the property mentioned in the suit takes in also lands in their possession held under a different title. They deny the plaintiff's title and contend that the plaintiff is not entitled to a decree for recovery of possession of the properties from them.

3. Issue 1 in both the suits relates to the identity of the property sought to be redeemed and issue 2 relates to the question as to whether the mortgage deeds had taken effect. Issue No. 3 in both the suits was as to whether the property claimed by the plaintiff is in the possession of defendants 2 and 3, and whether the rights if any of the plaintiff is lost by adverse possession and limitation. On Issues 1 and 2, the trial court entered the following finding:

"Prom the above stated evidence and circumstances in these cases I find that the plaintiff has no idea of the plaint schedule properties in both the suits and the title deed in favour of the plaintiff and the mortgage deeds in favour of the mortgagees did not come into effect and neither the plaintiff nor the mortgagees got possession of the plaint schedule properties as per those documents".

Issue 3 was answered as follows:

"Since the plaint schedule property itself is not ascertainable it cannot be said whether any portion of the plaint schedule property comes within the property in the possession of defendants 2 and 3"

On these findings the suit was dismissed.

3. The lower appellate court as per its common judgment in A. S. Nos. 80 and 97 of 1977 has set aside the judgment and decrees in both the suits and has remanded the cases to the trial court directing that court to pass preliminary decrees in both the suits for redemption of the mortgages Exts, A3 and A6. The decision of the lower appellate court is based on its order in I. A. Nos. 9386 and 9385 of 1977 in both the appeals, filed by the plaintiff for removal of defendants 2 and 3 from the array of parties in the suit. According to the lower appellate court, defendants 2 and 3 who claim title in derogation of the title of the plaintiff-mortgagor are unnecessary parties to the suit for redemption of the mortgages executed by the plaintiff and the rival title set up by the plaintiff on the one hand and defendants 2 and 3 on the other is to be decided in a separate suit between them. It is against these orders of remand that defendants 2 and 3 have come up in appeal.

4. Learned counsel for the appellants submits that the plaintiff having impleaded defendants 2 and 3 in the suits and having