Judgment

SHARMA, J. :- The appellants filed a suit for partition of the properties detailed in the plaint claiming 1/3rd share. A preliminary decree was passed by the trial Court, which was challenged by the defendant No. 9 (original respondent No. 1 in the present appeal) before the Orissa High Court in First Appeal No. 184 of 1972. The appeal was disposed of on compromise whereby the plaintiffs claim to 1/3rd share was accepted as correct. The terms of the compromise are set out in paragraph 2 of the order dated 27-3-79. It was, however, further agreed that half of the share of the plaintiffs, i.e. 1/6th share, would go to the defendant No. 9 provided he paid a sum of Rs. 40,000/- to the plaintiffs by a particular date, failing payment within time, the decree passed by the trial Court would stand confirmed as per terms of the compromise. The compromise was recorded on 27-3-1979. According to the compromise the sum of Rs. 40,000/- was to be paid in two instalments: the first instalment of Rs. 10,000/- by 31-7-1979 and the remaining amount of Rs. 30,000/- by 28-2-1980. The first instalment was paid within time but the remaining amount was not paid. In the meantime, the decree by the