Court No. - 49 Case :- WRIT - B No. - 2493 of 2025 Petitioner :- Durga Respondent :- Board Of Revenue Up At Allahabad And 3 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- Bhupendra Kumar Tripathi,C.S.C.,Dhirendra Singh Hon'ble J.J. Munir,J. Heard Mr. Santosh Kumar Singh, learned counsel for the petitioner at a considerable length, Mr. Dhirendra Singh, learned counsel for respondent no. 2 and Mr. Amit Gupta, Advocate holding brief of Mr. Bhupendra Kumar Tripathi, Advocate appearing on behalf of the Gaon Sabha. A certified copy of the order of the Board of Revenue has been filed along with the supplementary affidavit today in Court. It is taken on record. Let it be numbered by the office. The Board of Revenue in a revision against an appellate order of remand passed by the Commissioner has remanded the matter to the first appellate court on ground that the first appellate court by the order impugned had set aside the Trial Court's final decree in a suit for division of holdings without summoning the lower court record. It is trite law that no appeal can be decided on the basis of motion papers alone but has to be decided on the basis of records of the lower court from whose order or decree, the appeal is preferred. Therefore, if the lower appellate court has proceeded to decide a first appeal from the final decree passed in a suit for division of holdings without summoning records of the Trial Court, it is certainly a manifest illegality requiring interference by the revisional court which the Board has rightfully done. There is no such error of jurisdiction or manifest illegality warranting interference with the impugned order. In the result, this petition fails and is summarily dismissed. It is expected that the Commissioner will decide the appeal expeditiously. Order Date :- 8.7.2025 Brijesh Maurya Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad