ORAL JUDGMENT

1.Heard.

2. Admit.

3. The present Appeal Against Order (AO) is filed being aggrieved by the judgment passed by learned District Judge-8, Nagpur in Reg. Civil Appeal No. 26/2014 on 06/04/2017, by which judgment, the learned Appellate Court partly allowed the appeal and set aside the judgment and decree passed by the learned Joint Civil Judge, Senior Division, Nagpur in Reg. Civil Suit No. 723/1997 on 29/11/2013 and remanded the case to the learned Trial Court to decide afresh. The learned Appellate Court remanded the matter even on the count that the issues were not properly framed and therefore, it was directed to the learned Trial Court to frame fresh issues in view of the observations made in the Appellate Court’s judgment.

4. The learned counsel for the appellants has filed affidavit on record wherein he brought to the notice that respondent no. 4 in present AO has expired on August, 2003 and his legal heirs (LRs.) are not brought on record. The said respondent was died during the pendency of the original R.C.S. No. 723/1997, however, nobody has taken care to bring the LRs. of respondent no. 4 on record till date. As respondents are claiming rights in the suit property