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Bombay High Court Allows Appeal Against Remand Order in Encroachment Suit — Remand for Remeasurement Without Setting Aside Trial Court's Findings on Evidence Held Impermissible Under Order 41 Rule 23 CPC. First Appellate Court Cannot Order Fresh Measurement to Fill Gaps in Plaintiff's Case.

The appellant, original defendant in a suit for removal of encroachment, challenged the order of the District Judge-3, Yavatmal, dated 05/07/2016 in R...