JUDGMENT :

1. Heard Mohd. Arif Khan, learned Senior Advocate assisted by Shri Akbar Ali Khan and Mohd. Shadab Khan, Advocates, holding brief of Mohd. Aslam Khan, learned counsel for the appellant and Shri Ankit Srivastava, learned counsel for the respondents.

2. This appeal under Order-XLIII, Rule-1(u) of the Civil Procedure Code, 1908 (here-in-after referred as C.P.C.) has been preferred by the plaintiff-appellant assailing the judgment and order dated 12.08.2015 passed by the Additional District Judge, Court No.11, Sitapur in Civil Appeal No.105 of 2014; Subhang Chauhan and Others Vs. Smt. Renu Singh, by means of which the appeal preferred by the defendant-respondents has been allowed and the judgment and order dated 17.11.2014 passed in Regular Suit No.491 of 2002; Smt. Renu Singh Vs. Bhagwan Bux Singh and Others has been set-aside and the matter has been remanded to the Trial Court to pass a fresh order in the light of the observations made in the judgment of the Appellate Court after affording sufficient opportunity of filing written statement to the defendants and framing the required issues and affording opportunity of evidence to the parties on the same and hearing.

3. Learned