C.NAGAPPAN, J.

This civil miscellaneous appeal is preferred against the order under Rule 23 of Order XLI CPC remanding the case in A.S.No.161 of 1999 by the II-Additional District Judge, Pondicherry. The respondent before the lower appellate court, who is the defendant in the suit, has preferred this appeal.

2.The respondent in the present appeal, who is the plaintiff, filed a suit in O.S.No.1789 of 1996 on the file of III-Additional District Munsif, Pondicherry, for permanent injunction restraining the appellant herein, who is the defendant in the suit, from interfering in his possession in the plaint schedule property. It is the case of the plaintiff that he and his parents are in occupation and enjoyment of the suit property from 1.6.1960 onwards and they have right of adverse possession over the property and the defendant is trying to interfere with their possession. Denying the plaintiff's case, the defendant contended that the plaintiff, who was a tenant in the suit property, was directed by the police officer to handover the possession of the suit property to the defendant and accordingly, the plaintiff vacated the suit property and the defendant is in possession o