ORDER :

Plaintiffs have filed the present appeal under Order 43 Rule 1(U) of the CPC against the judgment dated 03.08.2012 passed by the Additional District Judge, Badwah, district Khargone (West Nimar) whereby the first appeal No.19-A/2007 filed by the defendants has been allowed and the matter has been remanded back to the trial Court for fresh adjudication.

Facts of the case in short are as under:

2. Present appellants being plaintiffs filed a suit for permanent injunction and declaration for the land bearing survey No.49, area 11.189 hectares & survey No.33, area 11.920 hectares, situated at village Piday Bujurg, Tahsil Badwah (hereinafter referred to as 'the suit land'). According to the plaintiffs, they are owners and occupiers of the suit land. The suit land was given to the ancestor of the plaintiffs by the owner late Rana Balbahadur Singh, the then Inamdar vide lease deed dated 17.05.1955 for a period of 99 years. The father of the plaintiffs became Krishak and after his death the plaintiffs have acquired the status and are in possession and after coming into force the M.P.L.R Code, 1959, they have acquired the title of Bhumiswami. On 21.09.2001 the plaintiffs dug two tube we