Dr. Vineet Kothari, J. - (1.) The present second appeal under Sec. 100 of the Code of Civil Procedure has been filed by the appellants -plaintiffs in a suit for permanent injunction and mandatory injunction against the judgment and decree dated 30.09.2015 passed by the learned Additional District Judge No. 3, Bikaner in Civil Appeal No. 34/2015 (137/2015) "Shiv Kishan & Ors. v/s. Kanhaiya Lal & Anr." by the learned First Appellate Court has reversed the judgment and decree dated 07.07.2015 passed by the learned Additional Civil Judge No. 2, Bikaner in Civil Original Suit No. 03/2010 "Kanhaiya Lal & Anr. v/s. Shiv Kishan & Ors." and remanded the case back to the learned Trial Court.
(2.) The present second appeal, arises out of the judgments and decrees of the learned Courts below, has been filed by the appellants -plaintiffs. The learned Trial Court had partly allowed the suit of the plaintiffs with the following observations: - -
(3.) The learned First Appellate Court of the Additional District Judge No. 3, Bikaner, however, allowed the defendants' appeal, who are real brothers of the plaintiffs and requested the learned Trial Court to frame the issue for determining the exact extent of the possession of the plaintiffs -appellants on the disputed plot of land in question namely, whether it was 500 square meters or 1000 square meters. The reasons assigned by the learned Additional District Judge No. 3, Bikaner in its impugned judgment and decree dated 30.09.2015 are also quoted herein below for ready reference: - - ;