B.P.JHA, J.

1. In this civil revision petition, the petitioner has challenged the latter portion of the order dated 9th April, 1981, passed by the Subordinate Judge, Siwan, in Execution Case No. 12 of 1979.

2. By the latter portion of the impugned order, the Court below is of opinion that the decree is inexecutable. The Court below is of the view that as the parties have compromised the suit, the decree cannot be executed.

3. This matter arises out of a final decree passed in a partition suit. By virtue of the preliminary decree, the petitioner was given one-third share in the suit properties. Partition Suit No. 524 of 1972 was filed by the plaintiff-opposite party No. 1 for partition of the joint family properties between the three sons of Braj Kumar Sahay. The three sons are Dr. Ayodhya Nath Sinha, Dwarika Nath Sinha (the plaintiff opposite party No. 1) and Dr. Kedar Nath Sinha (the petitioner). Therefore, each brother got one-third share in the suit properties. After the passing of the preliminary decree and during the pendency of the preparation for final decree, the parties entered into a compromise and the final decree was passed in terms of the compromise. The partie