J U D G M E N T

The appellants herein are the defendants 1 and 2 in the suit against whom and another defendant, the first respondent herein filed a suit for declaration and consequential injunction relief, recovery of possession and other reliefs in O.S.No.201 of 2000, on the file of the Principal District Munsif Court, Virudhachalam. The defendants contested the suit. After full trial, the trial Court dismissed the suit as not maintainable in law.

2. Aggrieved, the plaintiff preferred the first appeal before the Principal Subordinate Judge, Virudhachalam, in A.S.No.3 of 2007 and the same also contested by the respondents. After full trial, the first Appellate Court remanded the case to the trial Court for the reason to examine the witnesses belonging to Virudhachalam Municipality to prove his possession and enjoyment of the suit property.

3. Aggrieved that order, the defendants 1 and 2 preferred this Civil Miscellaneous Appeal on the following grounds:

(i) The Court below failed to note that the first respondent has not made out any case for remand especially when the trial Court on a consideration of the entire oral and documentary evidence rejected the claim of the first respondent