- (1.) This appeal under Order XLIII, Rule 1(u) CPC has been filed by the appellants-defendants aggrieved against judgment and decree dated 26.03.2015 passed by Additional District Judge No.3, Chittorgarh, whereby, the appellate court has partly allowed the appeal filed by the respondents and has remanded back the suit to the trial court to decide the same issue-wise.
(2.) The respondents filed a suit for cancellation of registered release deed dated 11.10.2007, declaration and permanent injunction against the appellants, inter alia, with the averments that the land comprised in new Araji Nos. 222, 225 and 226 ad measuring 2.2800 hectare situated in village Netavalgarh Pachhali, which was recorded in the name of plaintiff Dhapu Bai as successor of her real brother Mohan Lal, in which, she has 1/4th share, the partition of the property has so far not taken place. It was claimed that defendants, who are brother and nephew of the plaintiff have fraudulently got release deed dated 11.10.2007, regarding property, executed in their favour, which was liable to be cancelled. Averments were made pertaining to the reasons for cancellation of the said release deed.
(3.) The written statement was filed by the defendants-appellants defending the release deed. Based on the averments of the parties, the trial court framed eleven issues, which read as under:- 1641757-2;