JUDGMENT : Ashok Bhan, J. This appeal, by grant of special leave, is directed against the judgment and decree of the learned Single Judge dated 17th August, 1998 in Second Appeal No. 28 of 1996, wherein and whereby the Single Judge while setting aside the judgments and decree passed by the courts below has remanded the matter back to the trial court for a fresh decision in accordance with law. 2. Plaintiffs-appellants (hereinafter referred to as the 'appellants') instituted a suit seeking eviction of the defendants- respondents (hereinafter referred to as the 'respondents') and for possession of the plot, occupied by the hut, and permanent injunction to restrain the respondents from excavating, digging or causing damage or injury to the suit property in any manner whatsoever. 3. According to the appellants, the hut in question was located in Matriz No. 492. The case of the respondents was that the property was located in Matriz No. 491 which is owned by them and not in Matriz No. 492, as claimed by the appellants. 4. Trial court decreed the suit. The judgment and decree passed by the trial court was affirmed in appeal by the first appellate court. Being aggrieved, the respondents filed the Second Appeal which has been disposed of by the impugned judgment. 5. The High Court came to the conclusion that the courts below should have taken into consideration the survey plan, carried out by the Government agencies and, accordingly, remitted the matter back to the trial court for a fresh decision in accordance with law on the aspects which have been pointed out by the High Court after hearing the parties again. 6. We are not inclined to interfere with the order of the High Court remanding the matter back to the trial court. Since the suit was filed in the year 1972, we direct the trial court to decide the matter afresh as expeditiously as possible and in any case within six months on receipt/production of a certified copy of this order. In case, any appeal is preferred against the order passed by the trial court by either of the parties, then the appellate court should also dispose of the appeal within six months of the filing of that appeal. 7. The Registry is directed to transmit the original record forthwith.
In case, any appeal is preferred against the order passed by the trial court by either of the parties, then the appellate court should also dispose of the appeal within six months of the filing of that appeal. 7. The Registry is directed to transmit the original record forthwith. The Registrar of the High Court is also directed to transmit the lower court record to the trial court immediately. 8. Appeal is disposed of in the above terms. 9. No costs.