JUDGMENT :

1. This First Appeal From Order has been filed against the judgment and order dated 6.12.2007 passed by the First Appellate Court of Additional district Judge, Court No. 9/Special Judge, E.C. Act, Shahjahanpur in Civil Appeal No. 25 of 2003 Raj Kumar and another Vs. Rajeshwar and others.

2. The first appeal was filed against the judgment and final decree dated 31.5.2003 passed in Original Suit No. 373 of 1979 Ram Kumar Vs. Rajeshwar by the Court of Civil Judge (Sr. Div.), Shahjahanpur.

3. The trial court in the proceeding of final decree of O.S. No. 373 of 1979 in compliance of the judgment and order of the First Appellate Court dated 19.9.2001 by which the matter was remanded to the trial court with the observation that the trial court shall make valuation of the share of defendants in such manner as he thinks fit and directed the sale of share to such defendants-appellants and make a necessary and proper directions in that behalf as envisaged under section 4 of the Partition Act, issued a commission to assess the valuation and on the basis of commission report has determined the value of the half share of the plaintiff as Rs. 1,74,000/-and further ordered defendant to dep