M.S.SONAK,J. - (1.) Heard learned counsel for the parties.
(2.) Since in the title clause, it is clearly indicated that respondent no. 3 is expired, there is no question of any service upon respondent no. 3. Learned counsel for appellants states that there is no question of taking any steps for bringing on record legal representatives of deceased respondent no. 3. Statement is accepted subject to the risk and consequence of appellants.
(3.) This appeal challenges order dated 28.11.2016 made by the appeal court. Operative portion of the impugned order reads thus : 1.The appeal is partly allowed. 2. The impugned judgment and decree dated 26.04.2012 passed by the Learned Joint Civil Judge, Junior Division, Renapur, in new RCS No. 41/2008 and old RCS No. 311/2002 is hereby set aside. 3. Suit is remanded to the Court of Civil Judge, J.D. Renapur, for appointment of the qualified surveyor as a Commissioner afresh from the office of the District Inspector of Land Records or Taluka Inspector of Land Records who shall secure records of Gat Nos. 16 and 17 relating to the suit property, ascertain undisputed or settled boundaries, measure both Gat Nos. 16 and 17 and decide as to whether the plea of encroachment made by the plaintiffs is factually correct. 4. The commissioner shall follow the procedure of such measurement as prescribed by rules and furnish his report to the trial Court within six months of the receipt of record and proceeding of Trial Court. 5. All the contentions of the parties on merit are expressly left open. 6. The Parties shall appear before the trial Court on 30.12.2016 without waiting summons. 7. Costs of commissioner shall be borne by the appellants/Ori. plaintiffs. 8. Parties to bear their own cost of present appeal. 9.Decree be drawn accordingly. 10. Record and Proceeding be sent back to the learned trial court. 11. Copy of this judgment be sent to learned Civil Judge, Junior Division, Renapur for information and necessary action. ;