JUDGMENT

M S Sonak, J. - Heard Mr. R.G. Ramani, Senior Advocate with Ms. S. Patil, Advocate for the appellant and Mr. D.J. Pangam, learned Advocate General with Ms. M. Simone Correia, Additional Government Advocate for the respondents.

2. This second appeal was admitted on 20.11.2006 on the following substantial question of law.

"Whether the learned Courts below after finding that the appellants had proved that the appellants were the owners in possession of the suit property which according to the appellants was wrongly included in survey Nos. 98 and 97 and that the respondents had not proved that the entire land bearing Survey Nos. 97/1 and 98/1 was reserved forest known as "Cudeladongor" belonging to the Forest Department were right in dismissing the appellants' suit?"

3. By Judgment and Order dated 28.08.2015, this Court set aside the impugned Judgment and Decree and remanded the matter to the Trial Court. On remand, the Trial Court had to appoint a Commissioner and thereafter proceed to dispose off the matter.

4. However, the Judgment and Decree dated 28.08.2015 made by this Court remanding the matter to the Trial Court was challenged by the respondents before the Hon'ble Supreme