JUDGMENT:

This appeal under Order XLIII Rule 1 (u) of CPC is filed by the appellant-

plaintiff challenging the order of remand dated 12-08-2014 passed by learned XI Additional District and Sessions Judge, Tenali (for short, 'the Court below'), in A.S.No. 327 of 2012 on the grounds that the Court below, though considered the evidence, without any specific purpose remanded the matter so as to enable the respondents-defendants to establish their claim obviously for different reasons; that when the evidence on record is sufficient, the Court below ought not to have remanded the suit to the trial Court and the Court below would have decided the appeal on merits and that the reason assigned by the Court below does not attract Order XLI Rule 23-f or Rule 23-A of CPC.

2. At the hearing, learned counsel for the appellant while reiterating the contentions would draw the attention of this Court to the evidence on record i.e. depositions of P.Ws.1 to 4 and D.Ws.1 and 2 and placed reliance on Vidya Sagar Cole (died) and others Vs. J.Balaji Singh and another1.

3. Whereas learned counsel for the respondents supported the order in all respects.

4. As seen from the material on record, the appellant file