1. This appeal is against judgment and order dated 14-6-2013 passed by learned Ad hoc District Judge-2, Buldana in Regular Civil Appeal No. 56 of 2010. Learned 1st Appellate Court after finding that the plaintiff was owner and entitled to possession of suit land, came to a conclusion that that appeal needed to be partly allowed so as to declare plaintiff as owner of the disputed land, entitled to possession and cultivation over it. In paragraph 47 of the impugned judgment and order, after 1st Appellate Court found that this is a boundary dispute between the parties, made reference to settled legal position in this regard and concluded that it is just and proper to get the suit land viz. survey number 1/1B and 1/A situated at village Hiwarkhed, Tahsil Mehkar, District Buldana. Measured through Taluqa Inspector of Land Records (TILR) as court commissioner so that on determination of boundaries, boundary dispute between the parties shall be finally and conclusively settled.

2. It may be noted that in Regular Civil Suit No. 76 of 2006, decided by learned Civil Judge, JD, Mehkar, District Buldana, the trial Court found that plaintiff did not prove that he became owner of the suit