JUDGMENT :

(Madan Gopal Vyas, J.) :

This civil misc. appeal under Order 43 Rule 1(u) read with Section 107 CPC has been preferred by the appellant-defendant against the impugned judgment dated 18.09.2023 passed by learned Additional District Judge No.1, Nagaur (for short, learned 'appellate Court') in regular appeal No.148/2013(14/2013), whereby learned appellate Court, while partly allowing the appeal, quashed and set aside the judgment and decree dated 23.09.2013 passed by learned Civil Judge (Jr. Division), Nagaur, (for short, 'learned trial Court'), in civil original suit No.68/2008, remanded the matter back to learned trial Court for deciding the suit afresh after considering the oral and documentary evidence.

2. The facts in nutshell are that the respondents-plaintiffs herein preferred a suit seeking decree of declaration and permanent injunction before the learned trial Court. In the suit, it was averred that the then Chairman of Municipal Board was trying to sell the pattasuda land of the plaintiffs to other persons and he wanted to dispossess the plaintiffs. Therefore, suit was preferred by the respondents-plaintiffs herein seeking the aforesaid reliefs. Thereafter, the app