JUDGMENT :

Amit Rawal, J.

The grievance of the petitioner is that this Court vide order dated 17.01.2019 passed in SAO No.6 of 2016 remitted the matter to the lower Appellate Court to decide the controversy afresh and frame the additional issue, if required. The operative part of the same reads as under:-

"Keeping in view the above facts, this appeal has merits and the same is accepted. Impugned judgment dated 3.11.2015 is set aside. Parties are directed to appear before the first Appellate Court on 4.2.2019. First Appellate Court/Successor Court will take the appeal (Civil Appeal No.164 of 01.10.2013 CIS No.CA0000688/2013) on board, take the amended pleadings, frame additional issues if required and then proceed to decide the appeal as per observations above."

2. The lower Appellate Court on the basis of amended pleadings, framed following additional issues:-

"1-A. Whether the plaintiff is entitled for decree of permanent injunction restraining the defendant from dispossessing the plaintiff from the shop in dispute marked as CEFG in the site plan? OPP

1-B. Whether plaintiff is entitled for restraining the defendant from taking over the exclusive possession and other heirs from the joint