JUDGMENT

Arun Palli, J. - The defendants are in appeal against the judgment and decree dated 25.11.2013, passed by the first appellate court, vide which the decree dated 07.03.2011, rendered by the trial court, dismissing the suit of the respondents-plaintiffs was set aside and the matter was remitted to the trial court, in terms of Order 41 Rule 23-A of the Code of Civil Procedure, (for short, 'CPC'), for re-decision.

2. Parties to the lis, hereinafter, shall be referred to by their original positions in the suit.

3. In a suit filed by the respondents-plaintiffs, under Order 1 Rule 8 of CPC, they prayed for a decree of permanent prohibitory injunction restraining the defendants or their agents from interfering in their peaceful possession from raising any construction and for managing and controlling Takia Khatika situated at Mohalla Khatikan wala Malerkotla.

3. In brief, the case set out by the plaintiffs was that they were members of the Khateek community and since time immemorial, the suit property was being used by Khateek Biradari for cleansing and storage of animal skin. Given the nature of their work, members of the Khateek Biradari resided together at Mohalla Khateekan, away f