( 1 ) ADMIT. Mr. R. N. Shah appears for opponents and waives service of admission. Printing is dispensed with. With the consent of learned Advocates appearing for the parties matter is finally heard and disposed of by this judgment.

( 2 ) THIS Second Appeal is preferred by original defendants being aggrieved by the judgment and decree passed by the Asst. Judge, Navsari, dated 30-9-1995 in reg. Civil Appeal No. 140 of 1986 whereby he allowed the appeal of the appellantdefendants and quashed and set aside the judgment and decree passed by the trial court in favour of respondent-plaintiffs and remanded the matter to the trial Court with direction to raise proper and legal issues after considering the pleadings and submissions of the rival parties. The learned Asst. Judge also directed the trial Court judge to afford sufficient opportunity to lead oral as well as documentary evidence to the parties of the suit in support of their allegations and also directed that the parties were at liberty to lead fresh evidence on the issues. He also directed that the learned trial Judge shall decide the suit on merits after affording sufficient opportunity to the parties at the earlie