JUDGMENT :

S.M. SUBRAMANIAM, J.

Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1(u) of CPC, to set aside the judgment and decree dated 12.06.2017 in A.S. No. 25 of 2012 on the file of the District and Sessions Court, Thiruvannamalai reversing the judgment and decree dated 27.06.2012 in O.S. No. 211 of 1990 on the file of the Additional Sub Court, Tiruvannamalai.

1. The judgment and decree dated 12.06.2017 passed in A.S. No. 25 of 2012 is under challenge in the present Civil Miscellaneous Appeal.

2. The plaintiff is the appellant in the present appeal. The suit was instituted for specific performance and it was decreed in favour of the appellant. The defendants filed an appeal suit in A.S. No. 25 of 2012. The first Appellate Court remanded the matter back for re-trial mainly on the ground that the trial Court has not considered the documents as well as the evidence in the right perspective and therefore, the issues are to be reconsidered, if necessary by conducting re-examination.

3. The learned counsel for the appellant mainly contended that the reasons furnished for remanding of the matter is unacceptable in view of the fact that the remand is to be made only in the suits