S.N.Jha, J.

1. This civil revision by defendant no. 5 is directed against the order dated 18.6.99 and the subsequent orders rejecting his petition objecting to the proposed carving out of the shares of defendant nos. 1, 6 and 7 in a final decree proceeding.

2. The plaintiff-opposite party no. 10 Md. Umar filed Partition Suit No. 165 of 1983 for partition of his 829/6470 share in the joint family properties. A preliminary decree defining the plaintiffs share alone was passed on 9.4.85. The properties, thus, remained joint with the defendants. Appeal (F.A. No. 178 of 1986) preferred in this Court against the preliminary decree was dismissed in default. Final decree was thereafter prepared on 27.4.88. In course of time delivery of possession through process of court was also effected and the plaintiff was put in possession of the lands allotted to him. Defendant no. 5, it appears, filed Partition Suit No. 330 of 1994 for partition of his share, which was dismissed. Appeal (Title Appeal No. 47 of 1997) is said to be pending before the District Judge.

3. Sometime in the year 1994 defendant nos. 1, 6 and 7 filed application for carving their separate Pattis in Partition Suit No.