RUSTAM S. SIDHWA, J.---This is a petition by Mushtaq Hussain Shah and others seeking leave to appeal against the judgment of the Peshawar High Court, Circuit Bench, Abbottabad, dated 27-5- 1989.
2. Mushtaq Hussain Shah and others petitioners Nos.1 to 9, who are heirs of Feroz Shah, brought a suit against Sikandar, respondent and Nazir Hussain Shah petitioner No.10, for declaration that the land bearing Khasra Nos.915, 917/1, 919, 922 and 917/2 measuring 7 Kanals situated in village Pharhala was owned by petitioners Nos.1 to 10, being heirs of Feroz Shah, and that Sikandar, respondent, was in possession of it as mortgagee and that Mutations Nos.2062, 2064 and 2065 all attested on 20-11-1965 were wrong, illegal and fraudulent as having been attested in the absence and without the consent of Feroz Shah. In the body of the plaint it was averred that the property in suit was originally owned by Feroz Shah and was in possession of Sikandar respondent as mortgagee. Feroz Shah has since died and has been succeeded by petitioners Nos.1 to 10 as legal heirs. It was next stated in the plaint that three months before the institution of the suit the petitioners had approached respondent for redemption of the suit land on payment of mortgage amount, but he had refused. Nazir Hussain Shah petitioner No.10 in his written statement admitted the claim of petitioners Nos.1 to 9, but Sikandar respondent contested the suit. The suit of the petitioners was dismissed but was allowed by the appellate Court. The High Court in revision remanded the case to the trial Court to enable the parties to adduce further evidence in support of their claims and thereafter to decide the case afresh on merits.
3. On behalf of the petitioners it is submitted that the order of remand does not specify what evidence is desired to be brought on the record, or on what specific points the evidence should be produced at the trial.
4. Having heard the arguments and having gone through the record, we consider that the order of the High Court does not call for any interference. This petition is dismissed.