This misc. appeal is preferred by the appellants/defendants 1-2

challenging the judgment of remand dtd. 21.02.2005 passed by 1 ^st

Additional District Judge, Sagar in civil appeal No.7-A/2003

reversing the judgment and decree dtd. 29.09.2003 passed by 2 ^nd

Civil Judge Class-I, Sagar in civil suit No.8-A/2002, whereby

learned trial court dismissed the respondents 1-2/plaintiffs’ suit for

declaration of title and permanent injunction filed in respect of the

suit property, which in civil appeal filed by the plaintiffs has been

set aside and matter has been remanded to learned trial court for

2

decision of civil suit afresh, after getting demarcated the suit

property through Commissioner/Revenue Officer.

2.

The suit in question has been filed for declaration of title and

permanent injunction with the allegations that the plaintiffs are

owner and in possession of the suit house and appurtenant open land

bearing house No.348, situated in Gopalganj Ward. It is alleged that

the plaintiff is residing in the house for last 40-50 years, which is

situated on the land (new) nos. 506/7 and 509/1, old number of

which was 473 area 1.27 acre, which was purchased by husband and

fath