Anjani Kumar Mishra, J. - (1.) Heard Sri Ramesh Rai learned Counsel for the petitioners, Sri U.S. Chauhan for the respondent No. 3 and Sri Pramod Kumar Pandey for the respondent Nos. 6 and 7 and Sri Manoj Kumar Yadav who has accepted notice on behalf of respondent No. 4 Gaon Sabha. The petition arises out of a suit for partition under Sec. 176 of the U.P. Zamindari Abolition & Land Reforms Act filed jointly by the petitioner No. 1 and the respondent No. 3. The petitioner No. 2 in the instant writ petition was arrayed as a defendant in the suit.
(2.) In the suit, a preliminary decree was passed and there is no dispute between the parties as regards their respective shares. Subsequently, the Lekhpal submitted his report for partition by metes and bounds. This was accepted by the Court and a final decree was prepared. Thereafter, a review/recall application was filed by the respondent No. 3 Pataei. This application was accompanied by an application under Sec. 5 of the Limitation Act and was duly supported by an affidavit.
(3.) The Trial Court by its order dated 26.5.2015 allowed the review application and set aside the final decree and directed the Lekhpal to submit a fresh report. Aggrieved by this order the petitioners preferred a revision which has been dismissed holding it to be no maintainable as it is directed against an order which is interlocutory in nature.;