1. The present writ petition arises out of execution proceedings whereby the two Courts below have rejected the application filed by the petitioner for delivery of possession in suit for partition.

2. It appears that the petitioner filed suit No.54 of 1977 in the Court of Munsif City, Azamgarh for partition of his half share in the property in question on the ground that the property is ancestral property. The said suit after contest was decreed in part by the trial Court on 11th of May, 1981. The suit was dismissed in respect of one piece of the property on the finding that the said property was not proved to be ancestral property and was the self acquired property of the defendants.

3. The decree was challenged by way of appeal being Civil Appeal No.413 of 1981 by the defendants who are respondents herein before the First Appellate Court who by its judgment and decree dated 21st of October, 1983 allowed the appeal in part. It modified the decree of the trial Court by providing that the Pucca constructions standing over the land in suit shall be given to the appellants as their own in the final decree. The counsel for the parties jointly agreed that the said judgment has a