FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

10. APPEAL FROM ORDER NO.127/2009 (UMAJI SATWAJI SHEP V/S PATLOBA RAMRAO SHEP And oths)

With CA/11498/2009 In AO/127/2009 --------------------------------------------------

Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.V.Natu, Adv., for the appellant.

Mr. V.D.Salunke, Adv., for respondent nos. 2/1 to 2/4.

...

CORAM: K.U.CHANDIWAL, J.

DATE:18/11/2010

1. Heard finally.

2.RCS No.447/1980 was dismissed on 17.7.1995. The plaintiffs preferred appeal before the learned District Judge-II, at Ambejogai, being RCA No. 191/1995. The learned District Judge, by the impugned judgment, directed remand of the said Regular Civil Suit with indication as spelt out in clause (4) of the order which reads as under:

" The Lower Court to give an opportunity to the plaintiff's to comply for appointment of Commissioner from the T.I.L.R. Office. Surveyor and the Surveyor shall carry out joint measurement not only on the basis of the title deeds but also entries recorded in the property register, sale deeds and the map mainta