9. The learned court below after noticing Section 57 of the Act has held that the suit land shall be partitioned between the parties by the Consolidation Department, execution is not maintainable which has become infructuous. In other words, the court below has held that in view of Section 57 of the Act, it has no jurisdiction and the jurisdiction lies with the consolidation authorities under the Act to partition the land. On 1.6.1994 the court below had allowed the application of the petitioner for making preliminary decree as final. The Local Commissioner as per report dated 16.10.1994 had partitioned the land on the spot by identifying and fixing the boundaries. Thus not only the preliminary decree was made final by the court below, but the local commissioner had also partitioned the suit land on the spot by identifying and fixing the boundaries. The step left in the execution was to consider the report of the local commissioner by the court below and to pass appropriate order for rejection or acceptance of the local commissioner report. The court below, however, in the impugned order has taken the view that it has no jurisdiction under Section 57 of the Act, and, therefore, ordered that the execution petition has become infructuous.
