Hon’ble Rang Nath Pandey, J.—This second appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellants-plaintiffs against the Judgment and Decree dated 19.5.1979 passed by Civil Judge, Sultanpur, whereby setting aside the Judgment and Decree dated 9.1.1978 passed by II Additional Munsif, Sultanpur, learned Civil Judge partly allowed the appeal and remanded back the matter to the learned Munsif.

2. The factual matrix of the case is that plaintiff-appellants filed the suit for declaration that they have got 1/32 share in the grove in dispute described in list ‘A’ given at the foot of the plaint and have got half share in the property given in list ‘B’. In the plaint, the plaintiffs had given long pedigree and had pleaded that property given in list ‘A’ is ancestral grove of parties and parties are joint bhumidhar in possession of the same and plaintiffs have 1/32 share therein. It was further pleaded that one Bisesar Tiwari was the owner of the property mentioned in list ‘B’. He had transferred the property to Rambahadur, Umrao Khan and Abdul Aziz. Kallu Khan, Lallu Khan and Sardar filed a suit being No. 305 of 1922 before the Munsif against Bis