- (1.) This writ petition is directed against the order dated 10-8-2000 passed by the Additional District Judge No. 2, Jaipur City, Jaipur in civil first appeal No. 48/96. The appellate Court vide its order dated 10-8-2000 remanded back the matter to the trial Court for deciding the issue whether the disputed suit premises was given for residential purposes and the tenant is using the premises for commercial use or not i.e. other than the purpose for which the suit premises was given on rent by the plaintiff respondent,
(2.) Learned counsel for the petitioner- defendant submits that the matter was fixed for pronouncement of judgment and placed the order sheets for perusal of this Court. Despite pronouncing the Judgment. the appellate Court has passed the impugned order remanding the matter back to the trial Court for fresh adjudication on the issue raised by the plaintiff-respondent through its application dated 9-8-2000.
(3.) The petitioner earlier assailed the impugned order before this Court in revision petition No. 1086/2000, which was decided by this Court vide judgment dated 20-1- 2004 and observed as under : "The defendant tenant petitioner filed the regular appeal against the said judgment and decree of the learned trial Court. On 10th of August, 2000 the learned Additional District Judge No, 2, Jaipur city, Jaipur in the appeal passed the impugned Judgment. The appeal was kept pending and additional Issue has been framed which has been remitted to the learned trial Court with the direction to record the evidence thereon of the parties and its finding and return the same to the first appellate Court. Thus, the regular appeal has not been finally decided and it is pending. It is only an interlocutory order which can be challenged in the regular appeal to be filed against the final Judgment and decree in the appeal. In view of these facts no interference in this revision petition can be made. Accordingly this revision petition fails and the same is dismissed.";