JUDGMENT

Sethi, J.-Leave granted.

2. Suit for specific performance of contract filed by the respondent was decreed on 22nd February, 1973. The decree-sheet was amended vide order dated 5.5.1973. The appeal filed by the appellants-judgment Debtors was dismissed in default on 15.9.1979 which was restored and finally dismissed on merits by the District Judge, Gurgoan on 11.3.1981 subject to the condition that in case the judgment-debtors make the payment of Rs. 15,500/- to the decree-holder, plaintiffs suit shall stand dismissed and appeal accepted. The first instalment was to be deposited on or before 15.4.1981 and second on or before 15.5.1981. The judgment-debtors failed to abide by the terms of the said decree. The decree-holder was, therefore, entitled to get the decree executed in lieu of Rs. 25,000/- out of which he was stated to have already deposited a sum of Rs. 10,218/- as earnest money at the time of the agreement and had deposited the balance amount on 12.1.1982. The amount was deposited in favour of the mortgagee with the result that the land was redeemed. Thereafter the decree-holder filed execution applications on 17.12.1982, 12.6.1984 and 21.9.1992 which were dismissed