IN THE HIGH COURT OF JUDICATURE AT PATNA SA No.9 of 2009 MOHAN JI BRAHMACHARI Versus PARMHAND TIWARY & ORS ----------- 3 08-07-2009 No one appears when this case is called out. As per the Stamp Report dated 7.3.2009, it appears that this Second Appeal being directed against the Judgment and Decree dated 22.9.2008 passed in T.A.No.27 of 1989 is not maintainable since by the aforesaid Judgment and Decree, the Judgment and Decree of the trial court has been set aside and the matter has been remanded back to the learned trial court for fresh decision. Apparently, against such judgment and decree, a Misc. Appeal under Order XLIII Rule 1 (U) C.P.C. lies. In that view of the matter, the learned counsel for the appellant may take appropriate steps by 15.7.2009, failing which this appeal shall stand rejected without further reference to a Bench NKS/- (Abhijit Sinha, J.)