JUDGMENT :

Indrajit Mahanty, J. - The Appellant Jaibunnisha Bibi who was Defendant No. 4 in T.S. No. 636 of 1989 before the Court of the First Addl. Civil Judge (Sr. Divn.), Cuttack, seeks to challenge the judgment dated 13.5.2004 passed by the Addl. District Judge, Fast Track Court-II, Cuttack in Title Appeal No. 52 of 2000 who by his judgment and decree has set aside the decree passed in the suit and further directed remand of the matter to the trial Court for fresh disposal after impleading one Muta Alli as a party to the suit.

2. The brief facts leading to filing of the present appeal are that one Sk. Jalaluddin (R-1) had instituted T.S. No. 636 of 1989 in the Court of the First Addl. Civil Judge (Sr. Divn.), Cuttack for declaration of his right, title and interest over the suit property on the strength of a registered sale deed dated 7.11.1988 made out in his favour by Atturan Nissa Bibi (D.2) and Kaisuran Bibi (D.3), the daughters of one late Ramjan AM. Sk. Jalaluddin had also prayed for a declaration that Gouri Sankar Agarwalla (D.1) was a tenant whose tenancy has been terminated and for a further declaration that the said G.S. Agarwalla has no right, title and possession over