JUDGMENT

With the consent of both the parties, this case has been heard and decided finally.

1. Appellant/defendant no.1 has filed this miscellaneous civil appeal under Order 43 rule 1(u) of the Code of Civil Procedure,1908, being dissatisfied and aggrieved with the order dated 24.1.2018 passed by District Judge Harda, District Harda (MP) in RCA/90/2017 thereby the First Appellate Court set aside the judgment and decree dated 27.9.17, passed by First Civil Judge Class 1 Harda, District Harda in Civil Suit No. 16A/2017 and remanded the matter back to the trial Court for deciding afresh.

2. Facts giving rise to filing of the appeal briefly stated are that the plaintiffs/respondents No. 1&2, filed the suit seeking relief of permanent injunction. The plaintiffs/respondent No. 1 & 2 have also filed written statement and counter claim seeking relief of vacant possession of the agricultural suit land and permanent injunction. The trial Court in its judgment and decree dated 27.9.2017 dismissed the suit and decreed the counter claim partly in respect of delivery of vacant possession of the suit land to the appellant. Being aggrieved, the plaintiffs/respondent No. 1&2 had filed first regular