JUDGMENT

A.M. Khanwilkar, J.

1. This appeal arises from the judgment and decree dated 14th November, 2017 passed by the High Court of Karnataka at Bangalore in R.S.A. No.100446 of 2015, whereby the High Court was pleased to set aside the judgment and decree passed by the First Appellate Court and also that of the trial Court and relegated the parties before the trial Court, by allowing three applications filed by the respondent/defendant under Order XLI Rule 27 of the Civil Procedure Code, 1908 (for short, “CPC”). The High Court directed the trial Court to decide the suit afresh by giving its findings in light of the additional evidence adduced. The operative part of the order passed by the High Court reads thus:

“25. Therefore, this Court cannot decide the substantial questions of law on which the said present second appeal was admitted on 13.04.2016 at this stage and the matter deserves to go back to the trial Court by allowing the three applications filed under Order 41 Rule 27 of the CPC. All the three applications filed by the Defendant/Appellant-RSM under Order 41 Rule 27 of the CPC therefore, are allowed and setting aside the order dated 22.04.2015 passed by the FAC in its e