JUDGMENT Bhairo Prasad, M. - This second appeal has been filed under Section 331(4) of U.P. Act No. 1 of 1951 against the decree and judgment of the Additional Commissioner, Moradabad dated 21.11.1985, passed in appeal No. 86 of 1984-85 against the decree and judgment of Assistant Collector 1st Class Bijnor dated 26.02.1983 in suit No. 30 under Section 176 of U.P. Act No. 1 of 1951. 2. Brief facts of the case are that a suit was brought under Section 176 of U.P. Act No. 1 of 1951 in the trial court. Share was admitted by the parties. Preliminary decree was prepared. Final decree was prepared against which objection was filed by Dhoom Singh and others, defendants No. 1 to 3; that there is his Tube-well in plot No. 1931 which is adjacent to the disputed plot for this partition suit has been filed, hence his lots should be given adjacent to this plot. Both the courts below overruled the objection on the ground that the lots have been prepared on the basis of private partition prior to the suit. 3. Heard the learned counsel for the both the parties. Perused the record. 4. Babu Ram and others, plaintiffs have made objection before me. Their main contention is that their share is . They have no objection if it is given from lots where the lots of the opposite parties is given but there will be difficult as the appellant has no whole share of the remaining half. Another co-sharer Balwant Sigh may not be give him possession because there is already partition on the spot the parties are in possession. His share appears to be genuine. 5. In order to resolve the dispute the trial court is directed to summon Balwant Singh and obtain his consent in particular and the parties in general and may resolve the dispute. The record be sent to the trial court immediately for expeditious disposal of the case.