JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 21.04.2021 passed by the High Court of Karnataka, Kalaburagi Bench in R.S.A. No. 200073 of 2021 by which the High Court has allowed the said appeal preferred by the respondent herein and has quashed and set aside the order passed by the First Appellate Court in R.A. No. 22 of 2020 and has also quashed and set aside the judgment and decree passed by the Trial Court and remanded the matter to the Trial Court for fresh disposal in accordance with law, the original plaintiffs have preferred the present appeal.

2. The facts leading to the present appeal, which are necessary for the purpose of disposal of the present appeal in nutshell are as under:

2.1 That the appellants herein filed a suit for declaration and possession. The Trial Court by judgment and decree dated 08.01.2018 decreed the said suit. As such the said suit proceeded ex-parte and the judgment and decree passed by the Trial Court was ex-parte decree.

2.2 Two remedies were available to the defendant-one, filing an application for setting aside the ex-parte decree under Order IX Rule 13 of the Civil Procedure Code (hereinafte