This misc. appeal has been preferred by the appellant/defendant 1 challenging judgment and decree of remand dated 30.09.2022 passed by Addl. District Judge, Sirmour, District Rewa, in RCA No.500058/18 reversing the judgment and decree dated 23.09.2015 passed by 1st Civil Judge Class-II, Sirmour, District Rewa, in civil suit no.262-A/2011 whereby trial Court dismissed respondent 1/plaintiff's suit filed for declaration of title and permanent injunction in respect of agriculture land Khasra no.739 area 0.84 acre situate in Village Lalgaon (Sonvarsha), Tahsil Sirmour, District Rewa, which in appeal filed by the plaintiff has been reversed and by allowing applications under Order 41 Rule 27 CPC and Order 7 Rule 14(3) CPC (in total four) filed by the plaintiff as well as one application under Order 41 Rule 27 CPC filed by appellant/defendant 1, matter has been remanded to trial Court for decision of civil suit afresh.

2. Learned counsel for the appellant/defendant 1 submits that trial Court while appreciating the entire material evidence available on record had rightly dismissed the suit holding that the plaintiff is not owner and in possession of the agriculture land Khasra no.