DINESH MEHTA,J. - (1.) The present appeal under Order XLIII Rule 1 (u) of the Code of Civil Procedure, 1908 has been preferred against the order dated 04.04.2019, vide which the learned District Judge, Balotra (hereinafter referred to as the 'Appellate Court') has remanded the matter to the Trial Court for deciding the matter afresh.
(2.) Succinctly stated the facts appertain to the present appeal are that the respondents No.1 to 3, herein, had filed a suit for declaration and permanent injunction against the present appellants interalia contending that the plot in question was owned and possessed by them, whereas the defendants, have trespassed over it. A mandatory injunction for their ejectment was also sought.
(3.) The defendants-appellants, herein, not only filed a written statement but also filed a counter claim interalia contending that the disputed plot claimed by the plaintiffs is other than the one which is under defendants' possession. In addition thereto, by way of their counter claim they sought an injunction that the plaintiffs be evicted from half portion of the defendants' land, which they have encroached upon.;