JUDGMENT :

G.B. Pattnaik, J. - The decree-holder in Title Suit No. 18 of 1967 is the petitioner. The suit was one for partition and preliminary decree was passed on 27-3-1970. Final decree proceeding was initiated and it was sealed and signed on 15-4-1986. The petitioner filed Execution Case No. 9 of 1986 for taking delivery of possession of the property allotted to his share under the decree in question. Opp. party No. 2 filed an objection challenging the maintainability of the execution case on the ground that subsequent to the decree, consolidation operation having commenced in the area, rights and interests of the Parties have been worked out in the said consolidation proceedings ; the consolidation authorities have allotted different chakas to different shareholders and parties have executed sale deeds pursuant to the allotment and, therefore, that right cannot be now interfered with in the execution proceeding. The learned Munsif having allowed the objection fifed by opp. party No. 2 and having held that the decree has become in executable because of the adjudication of rights of the parties in the consolidation proceedings, the petitioner has preferred this revision.

2. Mr. Mi