- (1.) HEARD Mohd. Arif Khan, learned senior counsel for petitioner and perused the record. None present on behalf of the contesting respondents.
(2.) FACTS of the present case in brief are that petitioner Mohd. Shafi Khan filed a suit (Suit No. 196 of 1971 in the court of Munsif, Kaisarganj at Bahraich )for permanent injunction against Sri Mahadeo and Ram Khelawan (now deceased) represented by Sri Chandra Mohan and Sri Satgul Prasad and Gulley Prasad respectively as their legal representatives.
(3.) IN the said matter, on 02.08.1976, a compromise has been entered between the parties that respondent Sri Mahadeo shall execute a sale deed of plot No. 370 - area 1.027 acre situate in village Bhadwara, Pargana and Tahsil Nanpara, district Bahraich for the amount as mentioned within one month in favour of petitioner/plaintiff. Now plaintiff have no concern of plot NO. 460 which is Bhoomidhari land of Sri Ram Khelawan. Thereafter, the decree holder/plaintiff neither paid the amount nor the sale deed executed, so the judgment debtor gave a notice on 25.09.1976 to the decree holder/plaintiff to get the sale deed executed within ten days with the service of notice on payment of necessary amount, however, the decree holder/plaintiff/petitioner neither replied the notice nor get the sale deed executed. But, applied for execution of the decree for getting the sale deed executed in respect to plot in question by the judgment debtor/defendant under Order 21 Rule 32 CPC before O.P. No. 2/Munsif, Kaisarganj at Bahraich.;