Heard the learned counsel Mr. Mahesh Narayan Parvat appearing on behalf of the petitioner and the learned counsel Mr. Janardan Prasad appearing on behalf of the respondents.

2. This application has been filed by the plaintiff decree holder petitioner under Article 227 of the Constitution of India against the order dated 12.6.2008 passed by sub Judge-5th, Chapra in Execution Case No. 1 of 2004, whereby the learned court below allowed the application filed by the judgment debtor respondents for appointment of a Pleader Commissioner for the purpose of local investigation and submission of the report.

3. The learned counsel for the petitioner submitted that partition suit was filed and in the said suit prayer was made for declaration certain deeds of transfer as illegal and not binding on the plaintiff. The said suit was decreed. The defendant respondents filed title appeal before the first appellate court which is still pending. In the meantime, final decree proceeding was conducted and ultimately after appointment and submission of report of Pleader Commissioner the final decree was sealed and signed. According to the learned counsel for the petitioner no appeal has been filed a