JUDGMENT :

M. GOVINDARAJ, J.

Prayer: Civil Miscellaneous Appeal filed under Order 43 Rule 1 of Code of Civil Procedure against the decree and judgment dated 27.07.2018 made in A.S. No. 12 of 2005 on the file of Subordinate Judge at Madurantakam allowing the appeal by remanding the appeal by setting aside the decree and judgment dated 10.01.2005 made in O.S. No. 404 of 1997 on the file of District Munsif, Madurantakam and directing the trial court to decide the core issue with regard to the partition along with other issues and by affording sufficient opportunity to both the sides including defendants 1 and 2 to adduce necessary evidence on the said issues.

1. Aggrieved over the order of remand made by the Lower Appellate Court remanding the matter after framing issues for fresh trial to the trial Court, the present Civil Miscellaneous Appeal has been preferred.

2. The appellants are the legal heirs of the deceased plaintiff. The plaintiff's mother filed a suit in O.S. No. 404 of 1997 before the District Munsif Court, Maduranthakam, for a decree, directing the defendants to execute the sale deed for half share in the suit property after receiving the value to be fixed by the Court.

3. Ac