JUDGMENT :

1. In this Appeal From Order, the appellants are challenging the

order dated 16/06/2017, passed by the learned District Judge, Kopargaon in Civil Appeal No.78 of 2011, whereby the Appellate Court was pleased to set aside the Judgment and decree dated 31/01/2009, in Regular Civil Suit No.97 of 2007 and remitted the matter back to the Civil Judge, Junior Division, Kopargaon with further direction to re-register the suit afresh with fresh number of suit and to decide the suit as per the provisions of Civil Procedure Code in exercise of the ordinary civil jurisdiction.

2. Brief facts as stated in the Judgment of Appellate court can be summarized as under :-

The plaintiffs filed a suit before the Civil Judge, Junior Division, for possession and recovery of arrears of rent under the provisions of Maharashtra Rent Control Act. It is the case of the plaintiffs that Karbhari Asaram Chaware, brother of the defendants No.1 and 2 was in occupation as a tenant of the suit premises admeasuring 9.29 sq.mtrs at CTS No.1885, situated within the limit of Kopargaon Municipal Council.

3. The