JUDGMENT

Vibha Kankanwadi, J. - Present appeal from order has been filed by original defendants challenging the judgment and order passed in Regular Civil Appeal No.232 of 2014 by learned District Judge-12, Aurangabad on 24.02.2020, thereby setting aside the judgment and decree passed by learned 2nd Joint Civil Judge Junior Division, Kannad, District Aurangabad in Regular Civil Suit No.155 of 2011 on 22-08-2014 and remanding the suit for giving opportunity to both sides to lead the evidence, if any.

2. Heard learned Advocate Mr. P. F. Patni for appellants and learned Advocate Mr. V. A. Bagdiya for respondents.

3. It has been vehemently submitted on behalf of the appellants that the learned Trial Judge after considering the evidence on record had come to the conclusion that the suit was not within limitation. The said Court i.e. the Civil Court has no jurisdiction to try and entertain the said suit. The plaintiff had failed to prove that defendant No.1 is unauthorizedly possessing 3 Hectare 28 R land from the western side of Gut No.226 and defendant No.2 is possessing 1 Hectare 41 R land from eastern side of the said gut number unauthorizedly. The learned first Appellate Court on some