- (1.) Heard Sri Lalit Kumar, learned Counsel for the Plaintiff Appellants.
(2.) This first appeal from order has been filed under Order 43, Rule 1(u) of Code of Civil Procedure against the order dated 11.11.2010 passed in Civil Appeal No. 135 of 2008 by the Additional District Judge, Khurja, District Bulandshahar whereby the judgment and decree dated 16.4.2008 passed by the Trial Court in Original Suit No. 21 of 1987 has been set aside and the matter has been remanded back to the Trial Court.
(3.) According to learned Counsel for the Appellant the impugned order is bad because there is no determination of the issue which is required to be decided by the Trial Court upon remand. He further states that the question whether the temple was constructed by the Saini Samudaya and the Defendant was appointed as Sewayat has been considered by the Trial Court in issue No. 1 which was as to whether the Plaintiff is in possession of the temple in question hence the remand was not required.;