E. PADMANABHAN, J.

1. This appeal has been preferred under Order 43 Rule 1 (u) of The Code of Civil Procedure challenging the order of remand passed by the learned Subordinate Judge of Sankarankoil made in A.S. No.62/00 and reversing the judgment and decree of the learned Additional District Munsif of Sankarankoil dated 28.1.98 made in O.S. No.512/90.

2. Heard the learned counsel appearing for the appellants and the respondents. With the consent of counsel for either side, the appeal itself is taken up for final disposal though it is listed before this Court today at the stage of notice of motion. For convenience, the parties will be referred as arrayed before the trial court.

3. The suit O.S. No.512/90 was instituted by the plaintiff Malaiammal and four others seeking the relief of declaration of title and for permanent injunction. The defendants 1 to 3 resisted the suit. The trial court by judgment and decree dated 28.1.98 decreed the suit. Being aggrieved, the defendants 1 and 2 preferred A.S. No.62/00 on the file of the Subordinate Judge of Sankarankoil. The learned Subordinate Judge of Sankarankoil, by judgment and decree dated 29.6.01 reversed the judgment and decree