JUDGMENT :-

(Prayer: Civil Miscellaneous Appeal is filed under Order 43, Rule 1(u) r/w Section 151 of Civil Procedure Code against the judgment and decree dated 03.04.2019 passed by the learned II Additional Sub Judge, Salem in A.S.No.67 of 2017, allowing the judgment and decree dated 29.02.2016 passed by the learned I Additional District Munsif, Salem in O.S.No.2062 of 2004.)

1. The judgment and decree dated 03.04.2019 passed by the learned II Additional Sub Judge, Salem in A.S.No.67 of 2017, is under challenge in the present Civil Miscellaneous Appeal.

2. The plaintiffs are the appellants, defendants are the respondents and the suit was instituted for declaration and other reliefs.

3. The suit is decreed in favour of the plaintiffs and the defendants filed A.S.No.67 of 2017.

4. The First Appellate Court elaborately considered the facts and circumstances as well as the findings of the Trial Court and finally delivered the judgment, remanding the matter back for framing additional issues. Thus, the appellants are constrained to file the present Civil Miscellaneous Appeal.

5. Learned counsel for the appellants contended that the remand order was passed, directing the Trial Court to frame