JUDGMENT :

Satyen Vaidya, J.

The instant appeal has been preferred by the appellant against judgment and decree dated 31.12.2021 passed by learned Additional District Judge, Sundernagar, District Mandi, H.P. in Civil Appeal No. 24 of 2020, whereby judgment and decree dated 07.12.2019 passed by learned Civil Judge (Senior Division), Court No.1, Sundernagar, District Mandi, H.P. in Civil Suit No.09/2008 has been set-aside and the suit has been remanded to learned trial Court with direction to appoint fresh Local Commissioner for the purposes of carrying out demarcation and thereafter decide the matter in light of the reports submitted by the Local Commissioner.

2. The parties shall be referred to by the same status as they held before learned trial Court for the sake of convenience and clarity. The appellant was defendant No.2 and proforma respondents were defendants No. 1 and 3 respectively before the trial Court. Respondents No. 1 to 7 were plaintiffs.

3. The plaintiffs had filed a suit for permanent prohibitory and mandatory injunction in respect of the land comprised in Khata/Khatauni No. 157/186 min, Khasra No. 274, measuring 04-15-02 bighas, situated in Muhal Khilra, Tehsil Sundern