GOVIND JANARDHAN MAHALE Vs. RAMDAS KESHAV KAMATH

JUDGEMENT

(1.) This is an appeal by the Judgment Debtor against the order dated 4th April 1978 passed by the Civil Judge, Uttara Hanmada, Karwar, in Miscellaneous Case No. 9 of 1972 dismissing the same.

(2.) The decree-holder had filed a Suit in O.S. 177/1942 OH the file of the Civil Judge, Senior Division, Karwar. A preliminary decree was passed in the said Suit on 24-10-1944. Final decree was passed on 20th of April 1951. There was an Appeal in C.A. No. 142/1951. Thereafter the matter was taken to the High Court. It appears from the Execution petition, that there was a compromise decree in R.S.A. No. 303/1953 and it is this compromise decree that is being executed now. The decree-holder sued out the present exccution in Execution Case No. 1/1969 and the cause notice was issued under Order 21 Rule 22 CPC.

(3.) The judgment-debtor, as can be seen from the order-sheet, raised various contentions. On 18-9-1969 an order was passed by the Executing Court to the following effect :