Advocates:
['M/S V NICHOLAS', '', 'N E A DINESH', 'CGT']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2010

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

C.M.A.No.607 of 2004

and

C.M.P.No.3079 of 2004

Ganesa Achari

... Appellant/ Defendant

vs.

Sagunthala Ammal

... Respondent/ Plaintiff

Civil Miscellaneous Appeal is filed under order 43 Rule 1(u)

of CPC against the Judgment and Decree of the learned Additional

Subordinate Judge of Chengalpattu dated 29.08.2003 in A.S.No.54 of

2002 reversing the Judgment and Decree of the learned District

Munsif of Chengalpattu dated 11.12.2001 in O.S.No.663 of 1993.

For appellant : Mr.V.Nicholas

For respondent : Mr.J.Srinivasa Mohan

JUDGMENT

The appeal has been filed against the orders of remand passed

by the Appellate Court, setting aside the Decree of dismissal for

fresh disposal by the trail Court. The point for consideration by

this Court is very limited namely, whether the Appellate Court is

justified in remanding the matter to the Trial Court?

2. Appellant is the defendant before the trial Court and the

respondent is the plaintiff. The respondent herein filed suit for

declaration of title and for delivery of possessio