PRAKASH GUPTA,J. - (1.) Instant Civil Execution Second Appeal under Section 100 read with Order 21, Rule 103 CPC is directed against the judgment dated 31st August, 2013 passed by the learned District Judge, Karauli in Civil Misc. Appeal No.21/2003 whereby the judgment dated 4th March, 2003 passed by the learned Civil Judge (Jr. Div.) Karauli in Execution Application No.60/78 had been confirmed and the appeal had been dismissed. By the order dated 4th March, 2003 the learned trial court had dismissed the application filed by the appellants under Order 21 Rules 97, 99,101 read with section 151 CPC.
(2.) Briefly stated the facts of the case are that Civil Suit bearing No. O.S. 188/1969 was filed in the court of Munsif, Karauli by plaintiff Devilal, Narvada and Shri Shivjiprasad against Kedar Lal wherein it was stated by the plaintiffs that the disputed 'Baithak' (Drawing Room) shown by blue colour in the map annexed to the plaint was a joint undivided property of the parties in which the plaintiffs have 2/3 share and defendant Kedar Lal was having his 1/3 share. The 'Baithak' was stated to be in joint possession. In the suit it was prayed by the plaintiff that by issuing permanent injunction, the defendant be restrained from creating hurdle in the use of the joint Baithak by the plaintiffs. The trial court dismissed the suit of the plaintiff's vide its judgment and decree dated 20th March, 1975. Aggrieved by the same, the plaintiffs filed an appeal No.123/76 before the learned District Judge, Sawai Madhopur camp at Gangapur City. In the appeal, on 26th October, 1977 defendant Kedar Lal and Plaintiffs entered into a compromise, whereby it was agreed between the parties that Kedar lal would sell the 1/3rd portion of the disputed 'Baithak' to Shivji Prasad for a consideration of Rs. 1250/- and Kedar Lal would execute a sale-deed in favour of Shivji Prasad at his cost. In view of the compromise, the appeal was allowed vide judgment and decree dated 26th October, 1977. Thereafter the decree holder filed execution petition No.60/78 before the trial court for execution of the aforesaid decree against Kedar lal, judgment debtor.
(3.) It is pertinent to mention here that in the execution proceedings first the judgment debtor Kedar Lal filed objections under section 47 CPC. The same were rejected by the executing court vide its order dated 9.11.1983, against which appeal filed by the judgment debtor before the lower appellate court was also dismissed vide order dated 17.10.1986.;