ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) This appeal is filed by defendants No.2 and 4 challenging the order passed in RA No.8/2017 dated 19.2.2022 by the learned Senior Civil Judge, Kushtagi, [Hereinafter referred to as ‘first appellate Court’], thereby the first appellate Court has remanded the case to the trial Court for fresh consideration.

2. For the sake of convenience and easy reference, the parties are referred to as per their rankings before the trial Court.

3. The plaintiff has filed suit for declaration, permanent injunction and also for possession. The suit was dismissed by the trial Court. Being aggrieved by the dismissal of the suit, the plaintiff has preferred an appeal before the first appellate Court. The first appellate Court without considering the case on merits has allowed the appeal by setting aside the judgment and decree of the trial Court and remanded the case to the trial Court for fresh consideration by giving liberty to both the parties to lead their evidence afresh. This order is under challenge in this second appeal.

4. DW1 is the defendant No.2. DW2 is the attesting witness to the Will. The plaintiff has not cross-examined DW1 a