S.P. Pandey, J.

(1) This is a second appeal preferred against the judgment and decree dated 25.9.1996 passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of the judgment and order dated 21.2.1995 passed by the learned trial Court in a suit under Section 176 of UPZA and LR Act.

(2) Brief and relevant facts of the case are that the plaintiffs, Mahendra Singh and other instituted a suit under Section 176 of the UPZA and LR Act with the prayer that 1/3rd share of the plaintiffs in the disputed holding be partitioned and pos session of the same be also delivered to the plaintiffs over the disputed holding as detailed at the foot of the plaint. During the proceedings of the case, the learned trial Court by means of its order dated 23.8.1993 approved the lots of the parties concerned prepared on the basis of mutual consent. Later on, an application was moved on behalf of the defendant-appellant, Vishesh Kumar son of Genda Singh deceased to set aside the aforesaid ex-pane order dated 23.8.1993. The learned trial Court rejected the aforesaid application on 21.2.1995. Aggrieved by this order, a first appeal was preferred. The learned lower appell