SATISH CHANDRA, J. :- A Division Bench of this Court had referred the following question to a Full Bench: -

"Where an execution proceeding is commenced after the enforcement of the U. P. Civil Laws (Reforms and Amendment) Act, 1954, for executing a decree passed after the commencement of the said Act in a suit instituted in 1934 and valued at less than Rs. 10,000 but more than Rs. 5000, will an appeal from an order passed in such an execution proceeding lie in this Court or in the Court of the District Judge?"

The question arises in this way. Bisham-bhernath Khazanchi filed a suit (No. 21 of 1934) in the Court of the Subordinate Judge, Agra, for partition and possession. The suit was valued at Rs. 7162/8. On 5th September, 1959, a final decree for partition and possession of a one-fourth share of the plaintiff was prononounced. The value of the plaintiff's share was determined at Rs. 27, 278. An application to execute the decree was filed on 17th February, 1965. The judgment-debtors-respondents filed an objection under Section 47, Civil P. C., which was allowed on 23rd December, 1967. The objection was valued at Rs. 27,778. The decree-holder filed the present Execution First