Judgement

KASLIWAL, J.:- A plot of land measuring 2000 sq. yards situated at Syani Road Bombay is the subject matter of this litigation. One part of the case is that the above property belonged to Chimanlal D. Parikh. He executed a will on 20-10-1952 in favour of his minor sons Prakash Chimanlal Parikh and Pankaj Chimanlal Parikh (hereinafter referred to as respondents Nos. 1 and 2). Chimanlal D. Parikh died on 5-12-1952. Devidayal Rolling and Refineries Pvt. Ltd. (hereinafter referred to as respondent No. 3) was in occupation of the said property as a tenant. Smt. Mayadevi widow of Chimanlal D. Parikh and executors named in the will It dated 20th October, 1952 acting on behalf of respondents Nos. 1 and 2 filed a suit No. 344 of 1958 for eviction against respondent No. 3 in the Bombay High Court. On 31-10-1961 a consent decree for eviction was passed in the above suit with the condition that the decree shall not be executed for a period of 12 years i.e. up to 31-10-1973. The respondents Nos. 1 and 2 in order to execute the said decree submitted an application under Order 21, Rule 16 and Order 21, Rule 22, C.P.C. in the Bombay -High Court. The said applications were allowed and respo