JUDGMENT

C.V. Bhadang, J -Rule, made returnable forthwith. Shri Pangam, the learned counsel waives service on behalf of the contesting respondents no.1, 2 (a) to (d) and 3. Heard finally by consent of parties.

2. The petitioners are the original defendants no.1, 2 and 3 in a suit filed by the respondents nos.1, 2 and 3 for injunction simplicitor. The respondents nos.4 and 5 are the original defendants no.4 and 5 before the trial court. The petitioners are challenging the order dated 31/10/2017 by which the trial court has appointed a Commissioner to find out the nature and character of the suit property, namely, whether it is a paddy field or it is a hilly/sloppy terrain where paddy cannot be cultivated.

3. Admittedly, the land was belonging to the respondent no.4. The petitioners claim to be the owner of the land by virtue of an order passed by the Mamlatdar under the Agricultural Tenancy Act. According to the respondent nos.1 to 3/plaintiffs that declaration is obtained by the petitioners as the suit land cannot be a paddy field as it is hilly/sloppy terrain, whose paddy cannot be cultivated. The respondents no.1 to 3/plaintiffs claim to be in possession of the land on the basis o