SATISH CHANDRA, J. :- This appeal arises out of a proceeding for partition of a holding held by the consolidation authorities.

2. Admittedly, the appellant held one third share in the holding in dispute; one third was held by respondents Nos. three and four while the remaining one third was held by Appellants Nos. 2 to 5. The consolidation authorities proceeded to partition this holding in accordance with the admitted shares, after ignoring a decree dated 9th March, 1956, passed by the civil court in a suit (No. 892 of 1955) filed under Section 176 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act) for the division of this very holding. The Settlement Officer (Consolidation) held that since the civil court decree had not been enforced inasmuch as the final decree had not been passed by the revenue court the same had no binding effect. The Settlement Officer (Consolidation) confirmed the actual division of the holding made by the Consolidation Officer.

3. Aggrieved appellant No. 1 instituted a writ petition in this Court. The principal argument raised before the learned Single Judge was that the previous partition decree was binding on