ORAL JUDGMENT :

1. Admit. Heard finally with the consent of learned counsels appearing for the parties.

2. The substantial question of law formed for decision of this appeal is as follows :

"Was the First Appellate Court illegal and incorrect in not deciding an application at Exh.10 filed by the appellant for carrying out the measurement of the suit property ?"

3. This appeal is preferred against the Judgment and Decree passed by learned District Judge, Wardha in Regular Civil Appeal No.222/2011 dated 31/01/2018. The said appeal was preferred against the Judgment and Decree dated 08/09/2011 passed by learned Civil Judge, Senior Division, Wardha in Regular Civil Suit No.141/2004. The suit was filed for declaration, perpetual injunction and possession of encroached portion out of suit property i.e. agricultural land bearing Survey No. 39.

4. Learned advocate for the appellant pointed out Para No.21 of the Judgment of the learned Trial Court. A Para No.21 of it reads as under :-

"21. Further it is seen that the plaintiff has not adduced satisfactory evidence to locate the area shown by letters A B C D A by examining the expert. The plaintiff has tried to adduce evidence of T.I.L.R., however