Navaniti Prasad Singh, J.

1. Heard.

2. The petitioner was the defendant in a partition suit. The plaintiff-decree holder has appeared through Mr. Triloki Nath Maitin, learned senior counsel. The prayer of the defendant-petitioner was that in the partition suit at the instance of the plaintiff share of the parties were defined. In the final decree such properties allotted to each member of the family was clearly specified. The plaintiff is entitled to the decree prayed for and institutiution of execution proceeding for demarcation and delivery of possession to him. The defendant in the said proceeding appeared and demanded that on payment of requisite court fee and other levy the aforesaid share of his property as per the final decree be also made and executed. This has been rejected by the executing court on the ground that the suit and decree being in favour of the plaintiff it cannot be executed as such in favour of the defendant. I have heard the parties. Mr. Maitin has very fairly conceded that so far as reliefs are concerned they have been fully granted by the court below and he is not aggrieved by that. In respect of the relief prayed for by the defendant-petitioner h