( 1 ) THIS second appeal has been preferred by the plaintiff-decree -holder against the judgement and decree dated 8-7-68 passed by Sri Brahm Kishore, Addl. Civil Judge, Aligarh in Civil Appeal No. 464 of 1967 whereby the judgement and decree dated 28-10-1967 passed by Sri V. S. Kulshrestha, Munsif Koil Aligarh was set aside and the case was remanded to the latter.

( 2 ) IN brief the facts are that the appellant Khub Chand filed a suit (No. 564 of 1950) against Babu Lal and 13 others including Ram Chand respondent (defendant-judgement-debtor) for partition and declaration for separating his one-third share in the property. A final decree was drawn up on 6-9-63 in accordance with the joint statement of the parties recorded on 9-9-55 read with Amins map. Consequent to the preparation of the final decree present appellant filed an execution application on 14-4-66 which was registered as Execution Case No. 101 of 1966 for delivery of possession over his separate Kura. The appellant prayed that in terms of the decree Amin may be directed to remove the bricks and Teras placed on the walls of the decree-holder and also for an order to the judgement-debtor Ram Chand to p