JUDGMENT :

(Prayer: Civil Miscellaneous Appeal is filed under Order 43 Rue 1(u) of CPC, to set aside the fair and decreetal order, dated 05.02.2019 passed in A.S.No.16 of 2017 on the file of the Principal Subordinate Court, Nagercoil, reversing the judgment and decree, dated 05.01.2017 passed in O.S.No.337 of 2007 on the file of the II Additional District Munsif Court, Nagercoil.)

1. This Civil Miscellaneous Appeal is directed against the order of learned Principal Subordinate Judge, Nagercoil, in A.S.No.16 of 2017, dated 05.02.2019 remanding the case to trial Court and directing de-nova trial.

2. Heard the learned Counsel appearing for the appellant and the learned Counsel appearing for the respondents 1 to 3 and the learned Counsel appearing for the fourth respondent.

3. Brief facts that are necessary for the disposal of this Civil Miscellaneous Appeal are as follows:

4. The respondents 1 to 3 herein filed the suit in O.S.No.337 of 2007 on the file of the II Additional District Munsif Court, Nagercoil for permanent injunction restraining the defendants from encroaching into the suit property by putting up any construction or by doing anything interfering with the separate possession