1. Aggrieved by the judgment and order dated 26.09.2016, whereby the appellate Court has remanded the matter to the Trial Court for framing of necessary issues and deciding the matter afresh, the appellants have filed this appeal under Order XLIII Rule 1 (u) of the Civil Procedure Code (CPC). The principal grievance of the appellants is that there was no need for the appellate Court to remand the matter to the trial Court because both parties were aware about the points in issue on which they had led evidence and the matter had been decided on merits by the trial Court while dismissing the suit. There was no prejudice caused to either party and that therefore, the order of remand was unjustified.

2. The facts leading up of the filing of the instant appeal are that one Mahadeo, father of Bapurao (predecessor of the respondents) and Purushottam (predecessor of the appellants) died, leaving behind the said two sons. The joint family owned two agricultural fields bearing Survey No.519 (New No.508) and Survey No.523/1 (New No.527/1) at Waigon, tahsil Samudrapur, district Wa