- (1.) S. P. Mehrotra, J. Cause-list has been revised.
(2.) LEARNED Counsel for the parties are not present. It appears that pursuant to the preliminary decree for partition having been passed in Suit No. 1739 of 1957, the proceedings were taken for preparation of final decree. By the judgment and order dated 7. 2. 1970, the Trial Court confirmed the partition scheme submitted by the Com missioner subject to modifications indi cated in the said judgment and order dated 7. 2. 1970, and directed for preparation of final decree.
(3.) AN appeal being Civil Appeal No. 303 of 1970 was, thereafter, filed against the said final decree dated 7. 2. 1970. The Lower Appellate Court partly allowed the said Civil Appeal No. 303 of 1970 by passing the judgment and order dated 23. 9. 1972. The operative portion of the said judgment and order dated 23. 9. 1972 is as under :- "the appeal is partly allowed so far, as it relates to bhumidhari plots and trees etc. standing thereon and the judgment and final decree pre pared by the learned Munsif, are hereby set-aside. The suit is re manded to him with the direction that he will send it to the Collector, Azamgarh for preparation of panition scheme and final decree for the plots in suit, as he has got ju risdiction to do so and as regards the partition scheme and final de cree for the trees of plot No. 156 are concerned, the appeal is dismissed and the judgment and final decree are hereby confirmed. In the cir cumstances of the case the parties will bear their own costs. ";