RIKHABDAS UTTAMCHAND AJMERE Vs. GORAKH

JUDGEMENT

(1.) In this Appeal From Order, the appellants are challenging the order dtd. 16/06/2017, passed by the learned District Judge, Kopargaon in Civil Appeal No.78 of 2011, whereby the Appellate Court was pleased to set aside the Judgment and decree dtd. 31/01/2009, in Regular Civil Suit No.97 of 2007 and remitted the matter back to the Civil Judge, Junior Division, Kopargaon with further direction to re-register the suit afresh with fresh number of suit and to decide the suit as per the provisions of Civil Procedure Code in exercise of the ordinary civil jurisdiction.

(2.) Brief facts as stated in the Judgment of Appellate court can be summarized as under :-

(3.) The monthly rent of the suit premises was Rs.7.00, however after the death of Karbhari, defendants No.1 and 2 started residing in the suit premises unauthorizedly since year 2002. Thereafter, the defendants No.1 and 2 even committed encroachment on the western portion of CTS No.1885 and made unauthorized construction thereon. The defendants No.1 and 2 even pulled down the entire old construction of the suit premises and made new construction.