This is an appeal against the final decree passed by the 1st Additional Subordinate Judge, Arrah.

2. At the time of the preparation of the final decree the Pleader Commissioner submitted the report. These appellants raised objection of the report. These Pleader Commission also heard these appellants at the time of Takhtabandi. The appellants were again heard by the 1st Additional Subordinate Judge in respect of the objection raised by these appellants. The learned Additional Subordinate Judge was pleased to accept the report, In some cases the Additional Subordinate Judge accepted the objection of these appellants and in some cases the objections of these appellants were rejected by the court below. The appellants have not raised any principle or illegality in the impugned order of the learned Additional Subordinate Judge.

3. It has been consistently held by the Division Bench of this Court that such appeal shall be treated as second appeal. This Court will set aside the impugned order only on the ground of illegality or there is violation of any principle. Learned counsel for the appellants has not challenged the impugned order on the ground of illegality or that there is any violation of the principle. In the circumstances the appeal is fit to be dismissed.

4. Learned counsel for the appellants has also pressed an application under section 4 [c] the Bihar Consolidation of Holidays and Prevention of Fragmentation Act, 1956. In our opinion Section 4 [c] of the aforesaid Act, applies to a suit or proceeding for declaration of right and interest in the land. In our opinion section 4 [c] does not apply to execution proceeding or to the preparation of the final decree. In our opinion, the preparation of final decree is not a declaration of any right or any interest in the suit land. It only executes the preliminary decree passed by the Court. This view is also covered by the Full Bench decision of the Orissa High Court in Srinibas Jena and others Vs. Janardan Jena and others, We agree with the view of the Orissa High Court.

5. In the result the appeal is dismissed without any cost.

Appeal dismissed.