A.S.BOPANNA,J. - (1.) Leave granted.
(2.) The appellant herein is before this Court assailing the judgment dated 14.11.2014 passed by the High Court of Kerala in FAO (RO) No.229/2014. Through the said judgment the High Court allowed the appeal, set aside the judgment dated 31.03.2014 passed by the First Appellate Court in AS No.186/2011 and restored the judgment and decree passed by the Trial Court in O.S. No.288/2009. Since the rank of the parties was described differently in the said proceedings the parties will be referred in the rank assigned to them in the trial court in the original suit for the sake of convenience and clarity. The appellant herein was the defendant, while the respondent herein was the plaintiff in the suit. They will be referred accordingly.
(3.) The chronology of the events is that the plaintiff filed the suit bearing O.S. No.288/2009 in the Court of the Munsiff at Aluva seeking for judgment and decree of permanent prohibitory injunction in respect of the suit schedule property. The defendant appeared and filed detailed written statement disputing the claim of the plaintiff. Based on the rival pleadings the trial court framed issues, the parties tendered evidence and the trial court decreed the suit through its judgment dated 26.08.2011. The defendant claiming to be aggrieved by the same preferred an appeal under Section 96 of Civil Procedure Code ('CPC' for short) in A.S. No.186/2011. The First Appellate Court on reappreciating the matter, through its judgment dated 31.03.2014 set aside the judgment dated 26.08.2011 passed by the trial court in O.S. No.288/2009 and remanded the suit to the trial court for fresh disposal in terms of the directions issued. Since it was a remand in terms of order 41 Rule 23A CPC, the plaintiff preferred an appeal to the High Court in FAO (RO) No.229/2014 as contemplated under Order 43 Rule 1(W) of CPC. The High Court through its judgment dated 14.11.2014 has allowed the appeal and restored the judgment and decree passed by the trial court. The defendant, therefore, claiming to be aggrieved is before this Court in this appeal. ;