ORDER

1. The present Misc. Appeal under Order 43 rule 1 (u) of Code of Civil Procedure against the order dated 12.5.2010 passed by IV Additional District Judge, Bhind in Civil Appeal No. 47/2009 and 48/2009 whereby allowing the appeal order of remand has been passed.

2. The plaintiffs respondents No. 1 to 4 herein have filed a civil suit for declaration and permanent injunction and also for closing the door on the land araji No. 202 and for possession of the garbage center. It is being pleaded that the suit property was purchased by registered sale deed dated 20.6.1984 by defendants No. 3 and 4 and thereafter, family settlement has taken place, on the basis of which, they are in possession. It is alleged that they are in possession in disputed property, as after settlement of property share, the same has been marked in the map as Ka, Kha, Sa, Da. It is also argued that the adjacent land is being used by defendants No. 1 and 2 and they are throughing their garbage on the aforesaid land. It is further alleged that the land is being encroached by the defendants No.1 and 2. The proceeding under section 145 CrPC has been initiated and during the pendency of those proceedings, the defendants No. 1 and 2 have encroached upon the land. Therefore, a civil suit was filed for declaration and for eviction of defendants No. 1 and 2 and for injunction.

3. Written statements have been filed by defendants No. 3 and 4 in favour of plaintiffs. The defendants No. 1 and 2 have filed detailed written statements denied the plaint averments. It has been contended that plaintiffs has wrongly ad-measuring the araji No. 202 and 207 and there are adjoining land and in collision with the defendants No. 3 and 4 have wrongly filed a civil suit.

4. It is further contended that the land in disputed is not the land of the plaintiffs and they have no concern with the aforesaid land. Learned trial Court on the basis of pleadings of parties has framed following issues :

5. After considering the oral and documentary evidence on record, the trial Court has finally dismissed the suit vide judgment and decree dated 16.4.2007.

6. Two appeals were filed against the judgment and decree passed by the learned trial Court, one by plaintiffs and another by defendants. Both the appeals, were jointly heard and decided by a common judgment and decree dated 12.5.2010 and the learned appellate Court has set aside the judgment and decree passed by the trial Court and remanded the matter to the trial Court for its decision. Being aggrieved by the judgment of reversal in the first appellate Court dated 12.5.2010, present Misc. Appeal is being submitted before this Court. It is being argued on behalf of the appellants that learned appellate Court has committed a grave error in remanding the matter to the trial Court for its fresh decision without setting aside the findings given by the learned trial Court and as per setelled position of law the learned appellate Court has to record its reasons for remanding the matter. Counsel for the appellant has heavily relied upon the judgments rendered by Hon'ble apex Court in the cases of Municipal Corporation Hyderabad v. Sunder Singh, [(2008)8 SCC 485]