JUDGMENT Tarlok Singh Chauhan, J. - Since common questions of law and facts arise for consideration in the appeal as also in the writ petition, the same were taken up together for hearing and are being disposed of by a common judgment. 2. It appears that the parties are unnecessary litigating before the civil court as also the revenue court as the matter in the revenue court has reached upto Financial Commissioner and now the order passed by him has been assailed in CWP No. 1641/2019 and as regards the civil court, matter is now pending adjudication in RSA No. 392/2018. 3. The Financial Commissioner has remanded the matter to the A.C. 1st Grade, Sundernagar, District Mandi with a direction to adjudicate the matter in accordance with the procedure laid down in law by converting himself to be civil court and thereafter carry out partition proceedings. 4. The apprehension of the petitioner/appellant herein is that even though the plea of the private respondents that there being family partition has been negated by the learned Civil Judge, Court No.2, Sundernagar in C.S. No. 134/2011 and it has been authoritatively held that the family partition was only for the purpose of cultivation of the land (para 38 of the judgment), yet the private respondents would again rake up plea of family partition, which is not available to them, as no appeal against the judgment and decree, dated 29.11.2017 passed by the learned trial court qua this aspect of the matter has been preferred by them. 5. Apprehension of the petitioner/appellant is misconceived as it is more than settled that it is the decision of the civil court, which is binding on the revenue court and not viceversa. Even otherwise, the revenue court while converting itself into civil court cannot go into the questions like family partition, gift or will, validity thereof etc. 6. Once that be so, I find this litigation to be nothing but an exercise of futility. After all, once the parties are co-sharers and co-owners then lawfully only recourse, which ought to be resorted to and must be resorted to, is that of partition. 7. Mr. Lalit K. Sharma, Advocate, states that his clients would be satisfied in case a time bound direction is given to A.C. 1st Grade, Sundernagar, District Mandi to decide the matter. 8. 7. Mr. Lalit K. Sharma, Advocate, states that his clients would be satisfied in case a time bound direction is given to A.C. 1st Grade, Sundernagar, District Mandi to decide the matter. 8. Accordingly, the A.C. 1st Grade, Sundernagar, District Mandi is directed to decide the partition proceedings as expeditiously as possible and in no event later than 31.3.2020. Save and except the question of family partition, which has already been negated by the civil court, it shall be open to the parties to raise such plea(s) as may be available to them under the law. Consequently, the judgments and decrees passed by both the learned courts below are set aside and rights of the parties are now to be determined on the basis of the partition proceedings. 9. The appeal as also the writ petition stand disposed of, in the aforesaid terms, leaving the parties to bear their own costs. Pending application(s), if any, also stands disposed of.