JUDGMENT

R.M. Lodha, J.

1. Delay condoned.

2. Leave granted.

3. The Appellant herein is Plaintiff No. 2. He, along with two others, namely, Gnanasoundari and George filed a Suit against the present Respondent No. 1 for declaration, permanent injunction and mandatory injunction.

4. The Respondent No. 1 contested the Suit on diverse grounds.

5. After recording evidence and on hearing the parties, the trial Court on September 16, 1999 decreed Plaintiffs' Suit for the grant of permanent injunction.

6. Aggrieved by the judgment and decree dated September 16, 1999, the Respondent No. 1 preferred first appeal which came up for hearing before the Subordinate Judge, Tiruchirapalli. On hearing the parties, the first appellate Court, allowed the appeal, set aside the judgment of the trial Court and remanded the Suit back to the trial Court with a direction to give an opportunity to both the parties to let in evidence - oral and documentary- and then decide the Suit afresh on merits.

7. The order of remand dated April 8, 2002 was challenged by the present Appellant and present Respondent No. 2 by filing a Miscellaneous Appeal before the High Court under Order 43 Rule 1(u) of the Code of Civil Procedur