This appeal arises out of judgment and decree dated 19.9.2008, passed by the Court of Civil Judge (Sr.Dn.), & CJM, Mandya (henceforth for brevity referred to as “the First Appellate Court”), in Regular Appeal No.68/2004, which appeal was instituted against an order dated 5.7.2004, on the application of the 1st respondent herein under Order XXI Rule 58 read with Section 151 of Code of Civil Procedure, 1908 (henceforth for brevity referred to as `CPC’) passed by the Prl.Civil judge (Jr.Dn.), Mandya, (henceforth for brevity referred to as “the Executing Court”) in Execution No.127/1999, on his file, rejecting the said application of the applicant.

2. The essential facts leading to the present appeal can succinctly be put thus : the appellant herein, who shall hereinafter be referred to as plaintiff/decree holder, in this judgment, laid a suit on 8.1.1992 in O.S.No.41/1992, on the file of the trial Court for recovery of Rs.26,800/with interest, from 2nd and 3rd respondents herein, who shall hereinafter referred to as the judgment debtor Nos.1 and 2 respectively, based on demand promissory notes dated 10.4.1991 and 6.7.1991. The plaintiff along with the suit, maintained an inte