Neutral Citation No. - 2025:AHC-LKO:23703 Court No. - 5 Case :- SECOND APPEAL No. - 81 of 2025 Appellant :- Suresh Kumar Respondent :- State Of U.P. Thru. Collector Raebareli And 3 Others Counsel for Appellant :- Arun Kumar Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. Instant appeal has been filed raising a challenge to the judgment and order dated 21.01.2025 and the decree dated 06.02.2025 passed by the learned Appellate Court in Appeal No.3 of 2024 In Re Executive Engineer & Ors vs Suresh Kumar whereby the learned Appellate Court has remitted the mater to the trial court. 3. Perusal of the judgment passed by learned appellate Court would indicate that (a) plaintiff in his plaint has indicated that the trees which had been purchased in an auction from Km No.1.3 to Km 2.7 while the judgment has been rendered for the trees situated from Km No.13 to 27; and (b) the evidence which has been led by the plaintiff indicate about the xerox copies having been filed as evidence and the learned trial court having not given any reason as to why those xerox copies had been admitted as evidence. 4. After observing the aforesaid, the learned Appellate Court has remitted the matter to the learned trial court to decide the case afresh. 5. Considering the aforesaid finding as made by the learned appellate Court no substantial questions of law as framed by the appellant are attracted and the said grounds are found to be factual in nature. 6. Considering the aforesaid, no case for interference is made out the appeal is dismissed. Order Date :- 25.4.2025/prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench