JUDGMENT :

1. The appellant herein is the 1st defendant, who filed a suit in O.S.No.249 of 2005 on the file of the Principal District Munsif at Tiruchengode, against the respondents/plaintiff and defendants 2 & 3, for the relief of permanent injunction and other consequential reliefs.

2. The appellant and the respondents 2 to 4 contested the suit.

3. After full trial, the trial Court decreed the suit in favour of the 1st respondent/plaintiff. Aggrieved by the decree, the appellant & the 4th respondent/the defendants 1 and 4 preferred an appeal in A.S.No.25 of 2013 before the Subordinate Court Tiruchengode. On hearing both sides, the appeal was allowed and the case was remanded to the trial Court for fresh trial by framing the additional issues, giving sufficient opportunities to the parties to adduce further oral and documentary evidence and to dispose the case freshly. Aggrieved by the order of the appellate Court, the appellant/1st defendant has preferred the present appeal before this Court.

4. The question of law that arises for consideration is as to “whether the order of remand passed by the learned First Appellate Judge with regard to framing of additional issue and to adduce fu