ORDER

This miscellaneous appeal has been filed under Order 43 Rule 1 (u) of the CPC being aggrieved with the remand order passed by the Principle District Judge, Dindori in RCA No.367/2019 vide order dated 31.10.2023 by which the judgment and decree passed by the trial Court in First Civil Judge, Class-II, Dindori in Civil Suit No.31-A/2017 was set aside and the case was remanded for fresh trial.

2. In a nutshell the plaintiff Sundar Singh and Gulwati filed a Civil Suit pleading that the Survey No.465 admeasuring area 4.24 hectare and Survey No.317 admeasuring are 0.21 hectare land were the ancestral property. On the basis of that the disputed property belongs to Basor and Basor was having two sons Dhola and Mangal and Dhola in his life time partitioned the ancestral property and in that partition Hanuman, Takkan Bai and Kunwariya Bai has given their respective share and their name was recorded separately in the Revenue papers. It was also pleaded that the deceased Dhola kept Maha Singh in his home as Lumsanai of Kunwariya Bai. Maha Singh and Kunwariya Bai has maintained and taken care of Dhola. Kunwariya Bai expired in the year 1997 and in 2002 the plaintiff Sundar Singh left his V