judgment

Dr. Arijit Pasayat, J. –

1.Challenge in this appeal is to the order passed by a Division Bench of the Rajasthan High Court at Jodhpur dismissing the special appeal filed under Section 18 of the Rajasthan High Court Ordinance 1949 (in short ‘Ordinance’) against judgment of learned Single Judge dated 16.1.1981 in SB Civil Misc. first appeal no. 5/75.

2. Background facts in a nutshell are as under:

The respondents are legal representatives of the decree holder Badrinarain and the appellants are the legal representatives of the judgment-debtor Abdul Ghani. The said Badrinarain obtained a decree against Abdul Ghani in a mortgage suit on 11.5.1952 in which an amount of Rs.11,194.25/- was determined as payable by the said Abdul Ghani from the date of final decree. Successive execution applications were filed for recovering the said sum. First application for execution was filed on 7.10.1952 in which proceedings the decree was partially satisfied. The proceedings ended on 21.12.1956. The second execration resulted in further partial satisfaction. The said execution terminated on 25.9.1957. The third execution application which was filed on 20th May 1958 resulted in further partial s