1. The petitioner has filed this petition being aggrieved by order dated 3.2.2009 passed by the Madhya Pradesh Board of Revenue, Gwalior setting aside the order dated 12.10.2007 passed by the Additional Commissioner, Sagar Division, Sagar, by which he had remitted the matter back for passing fresh orders after hearing the petitioner.

2. The brief facts, leading to the tiling of the present petition, are that Khasra Nos. 430, 826 to 829, 847 to 857 totalling an area of 3.67 hectares and Khasra Nos. 366, 1045 and 1105 area 4.61 hectares initially stood in the name of two brothers Rajendra Kumar and Ram Swaroop. Rajendra Kumar died issueless in the year 1992 and thereafter the name of his brother Ram Swaroop continued to be recoded in the revenue records. Ram Swaroop died issueless on 4.10.2006 and therafter respondent No.2 being the sole surviving relative of deceased Ram Swaroop being the son of his aunt filed an application on 5.10.2006 for mutation of his name in the revenue records under Sections 109 and 110 of the M.P. Land Revenue Code (hereinafter referred to as 'the Code'). The application was taken on record and a proclamation was issued inviting objections from