In this appeal a very short question is raised for consideration as to whether in a suit for removal of encroachment if the plaintiff has examined Government Surveyor of the Land Records as a witness and his evidence is not relied upon on the count that measurement of the land carried out by him was not found to be correct and proper, and hence, if the suit is dismissed, whether in an appeal against the said judgment and decree , the first appellate Court can remand the matter for remeasurement of the said land by Government Surveyor, by following proper procedure?

2. The appellant in the instant case is the original defendant who is aggrieved by the order of remand of the suit passed by District Judge 3 Yavatmal vide his impugned judgment and order dated 05/07/2016 in R.C.A. No.32/2007.

3. Brief facts of the appeal, can be stated, as follows :

Respondents herein claimed to be the owners of plot of land, bearing Survey No.194/3 situate at village Ner Dist. Yavatmal. They had purchased it from one Ravindra Ganpat Raut for consideration of Rs.17,000/on 06/05/1985. One field bearing Survey No.196 was situate towards the southern side of the said plot. There was a Sawmill of Gaf