JUDGMENT :

1. Heard. Admit.

Heard finally with the consent of learned counsel for the parties.

2. This appeal under Section 100 of the Code of Civil Procedure, 1908 moved by the appellant takes an exception to the Judgment and order dated 28/06/2017 passed in Regular Civil Appeal No.39/2017 by the learned Additional District Judge, Hinganghat, whereby the learned Additional District Judge, Hinganghat upheld the Judgment and order of the learned Civil Judge, Junior Division, Hinganghat passed in Regular Civil Suit No.111/2003, thereby decreeing the suit for possession and mesne profit.

3. This Court on 14/12/2018 passed the following order :-

"The issue involved in the appeal is whether the measurement carried out by the court commissioner is in accord with the decisions of this Court inter alia the decisions in Vijay s/o Shrawan Shende and others vs. State of Maharashtra reported in 2009(5) Mh. L. J. 279.

2. Both the learned Counsel fairly agree that it would be appropriate if the cadastral surveyor is appointed by T.I.L.R. or the T.I.L.R. himself carries out fresh joint measurement of the agricultural land owned by the appellant and his brother which are Survey 145/1 and 145/2 and the a