JUDGMENT :

Abhay Manohar Sapre, J.

1. This appeal is filed by the plaintiff against the final judgment and order dated 24.06.2005 passed by the High Court of Karnataka at Bangalore in RSA No.220 of 2003 whereby the High Court allowed the second appeal filed by the respondents herein and while setting aside the judgment/decree of the two Courts below remanded the case to the Trial Court for deciding the civil suit afresh on merits after affording an opportunity to the respondents (defendants) to file written statement.

2. The Controversy involved in the appeal lies in a narrow compass. Few facts set out hereinbelow would make the controversy clear.

3. The appellant is the plaintiff whereas the respondents are the defendants in the suit out of which this appeal arises.

4. The appellant filed a civil suit being O.S. 286 of 1993 against the respondents (defendants) in the Court of Munsiff -Indi (Bijapur) for recovery of Rs.45,000/-by way of damages. According to the appellant, the respondents illegally demolished his construction and thereby caused monetary loss and injury to him and hence the suit to recover the monetary loss suffered by him.

5. The respondents entered appearance but faile