JUDGMENT Bhairo Prasad, Member. - These three appeals have been filed by the plaintiff under Section 331(4) of U.P. Act No. 1 of 1951 against the decree and order of Additional Commissioner. Varanasi Division, Varanasi dated 12.12.1975 passed in appeal No. 39, 9A/37/268 of 1974 against the decree and judgment of the Sub-Divisional Officer, Saidpur, district Ghazipur dated 15.10.1974 passed in a suit under Section 229-B of U.P. Act no. 1 of 1951. 2. In brief the facts of the case are that in the trial court the suits under Section 229-B were filed by Ram Badan and 5 others that they are bhumidhars of the plots no. 451 area 1-13-12, plot no. 1 452 area 3-9-6 and Plot no. 453 area 1-8-17 of village kushai, pergana Saidpur, District, Gazipur. The suit was contested by the defendants and trial Court after taking the evidence decreed the suit on 15.10.1974. Three appeals were filed against that decree and judgment. First appeal no. 39 was filed by Vishwanath and 2 others and first appeal no. 40 was filed by Purshottam and Dasrath and first appeal no. 41 filed by Ram Nath and others. These were defendants appeals. The appellate court by a common judgment remanded the case by its judgment dated 12.12.1975 for making a local inspection by Naib Tahsildar and after taking the evidence of the parties to redecide the case on all issues. Against that decree and judgment these three appeals were filled by plaintiffs. 3. Heard the learned counsel for the respondent. No one is present from the side of the appellant. Perused the record. 4. The learned counsel for the respondents argued that these appeal are pending since 1.1.1976 and many times appeals have been dismissed in default. The appellant is trying to delay the disposal of the appeal. The first appellate court has directed that the local inspection should be made by the Naib-Tahsildar who will prepare a map of the disputed plot according to the facts and boundaries of the plot as it exist. This cannot be done in the appellate court, therefore, there is no illegality in the order and judgment of the first appellate court. 5. I, therefore, dismiss these appeals in default as well as on merit. Let the records of the trial court sent back for deciding the suit as directed by the remand order of the first appellate court. This cannot be done in the appellate court, therefore, there is no illegality in the order and judgment of the first appellate court. 5. I, therefore, dismiss these appeals in default as well as on merit. Let the records of the trial court sent back for deciding the suit as directed by the remand order of the first appellate court. This order shall govern S.A. Nos. 65, 146, 147 of 1975-78/Ghazipur.