1. This appeal from order takes an exception to the judgment and order passed by the District Judge-1 Beed in R.C.A.No.117/2007 dated 8.10.2012. Since the facts of case are extensively stated in R.C.S.No.52/2000, it is not necessary to repeat the same. As and when it is necessary, this Court will refer the relevant facts.

2. By way of the impugned judgment and order, the lower Appellate Court remanded the matter to the trial court for deciding it a fresh by framing appropriate issues as discussed in reasoning part of the Lower Appellate Court’s Judgment. Applications Exh.35 and Exh. 47 filed by the original appellant are allowed subject to costs of Rs.500/-. Liberty is given to the trial Court to decide the issues by giving opportunity of leading further evidence to both the parties as per law. Both the parties were directed as to remain present before the Trial Court on 1.11.2012. There are other directions as well given by the District Court, Beed.

3. Learned counsel appearing for the appellant herein invited my attention to the issues framed by the Trial Court and submitted that, Trial Court has framed as many as 5 issues for its consideration/determination and extensi