J U D G E M E N T

The plaintiff in O.S.No.31 of 1997 on the file of the Principal District Munsif Court, Kuzhithurai has filed the present appeal challenging the order of remand passed in A.S.No.69 of 2006 on the file of the Camp Court, Kuzhithurai (II Additional Subordinate Judge, Nagercoil).

(A)Factual Matrix:

2.The appellant herein as plaintiff had filed the above said suit for the relief of declaration of title and recovery of possession.

4.The defendants in their written statement have disputed the identity and location of the suit schedule property.

5.An Advocate Commissioner was appointed by the trial Court and he has filed his report as Exhibit C1 and plan as Exhibit C2. The Advocate Commissioner was examined as CW1. The plaintiff had examined herself as PW1 and marked Exhibits A1 to A8. The first defendant's son has been examined as DW1 and Exhibits B1 to B13 documents have been marked.

6.The trial Court after considering the oral, documentary evidence, commissioner's report and plan had proceeded to decree the suit as prayed for.

7.Challenging the said judgment and decree, the defendants have filed A.S.No.69 of 2006 on the file of the II Additional Subordinate Court, Nagercoil.