ORDER

1. The defendant in the original suit is in appeal before us. It arises out of a judgment and decree passed by a learned Single Judge of the Karnataka High Court in RSA No. 876 of 1997 whereby and whereunder the judgment and decree passed by the trial court as also the first appellate court were reversed.

2. The basic fact of the matter is not in dispute. The plaintiff-respondent obtained a money decree against the defendant-appellant for a sum of Rs 8865. It initiated an execution proceeding for executing the aforementioned decree. In the said proceeding, a piece of land measuring 5 acres 61 guntas was put on auction. The plaintiff decree-holder himself purchased the suit property in the year 1972. The auction-sale was confirmed in the year 1973. It, however, appears that the appellant herein preferred an execution appeal there against, which was dismissed in 1974. The sale certificate in relation to the aforementioned land was issued in favour of the plaintiff-respondent on 28-11-1980. The respondent did not however take any step to obtain delivery of possession of the said property within a period of one year in terms of Order 21 Rule 95 of the Code of Civil Procedure (CPC