from the records that the defendant No.2 in the suit has filed Original Suit No.314 of 2014 on the file of the Senior Civil Judge, Chikkaballapura against plaintiffs 1 and 3 seeking relief of declaration and permanent injunction and the said suit came to be decreed in favour of defendant No.2 in the present suit. Being aggrieved by the same, the plaintiff has field Regular Appeal No.124 of 2017 before the First Appellate Court and the First Appellate Court set aside the judgment and decree dated passed by the trial Court in Original Suit No.314 of 2014 dated 22nd July, 2017 and suit was remanded to the trial Court for fresh disposal. It is also forthcoming from the finding recorded by both the Courts below that the trial Court has passed the order dated 25th April, 2016 restraining the defendants from demolisi9ng the brick factory walls in item No.1 of the suit schedule property and also the defendant No.2 has taken a specific contention that the item No.2 of the suit schedule property is self-acquired property and purchased out of his personal income and therefore, these aspects are to be decided in trial and therefore, both the Courts below, taking into consideration the material available on record, have arrived at a
