JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. These appeals arise from the final judgment and order dated 21.07.2017 & 26.07.2017 passed by the High Court of Judicature at Bombay in Writ Petition No.6733 of 2017 whereby the High Court allowed the writ petition filed by the respondent herein, set aside the order dated 26.09.2016 passed by the Small Causes Court, Appellate Bench, Mumbai in R.A. No.333/2015 and restored the order dated 28.10.2015 of the Executing Court in Execution Application No.31/2013 in R.A.E. Suit No.872/2007.

3. The issue involved in these appeals is short. Few facts, however, need mention to appreciate the issue, which is the subject matter of these appeals.

4. The appellants are the defendants and the respondent is the plaintiff in the civil suit out of which these appeals arise.

5. The issue arises out of eviction suit, which resulted in passing of a compromise decree followed by its execution. So far as the present appeals are concerned, they arise out of an order passed in the execution proceedings.

6. The Respondent(plaintiff) filed a suit (No.872/2007) in the Court of Small Causes at Mumbai against the appellants(defendants) for their eviction from the