ORDER :

1. This petition is by the Judgment Debtors in Execution No.244/1991 on the file of the II Additional Civil Judge and JMFC, Mangalore, Dakshina Kannada [for short, the 'executing Court']. The petitioners are aggrieved by the executing Court's order dated 16.02.2017, and the executing Court by this order has accepted the Court Commissioner's Report, which is filed along with plans, holding that the petitioners must hand over the property that is marked in color 'Pink' in Plan-2 annexed to the Report. Sri. G. Krishna Murthy, the learned Senior Counsel for the petitioners, and Sri. Cyril Prasad Pais, the learned counsel for the respondent, are heard for final disposal of the petition.

2. The undisputed facts are that the respondent's suit in O.S.No. 179/1977 is decreed on 24.11.1981, but this judgment and decree is revisited by this Court in RSA No.621/1989 at the instance of Sri. M. Madhava [the first defendant in the suit] and his wife Sunanda [the second defendant in the suit and the third petitioner herein]. Sri. M.Madhava has died, and he is represented by his children [the first and the second petitioners]. The dispute relates to the respondent's case that Sri. Madhava and the third petitioner, who assert title to 10 cents in Sy.No.4/3A1 of Kankanady village, Mangaluru Taluk, Dakshina Kannada under the sale deed dated 24.01.1975, have encroached upon an extent of 9 cents in the total extent of 28 cents purchased by him under the Mulgeni Chit dated 29.11.1973 [Ex.P5] and the sale deed dated 17.05.1974 [Ex.P1].

3. The culmination of this dispute is by this Court's order in RSA No.621/1989, and this Court's order is in the light of the submissions made on behalf of both the respondent and the petitioners. The submissions on behalf of Sri. M.Madhava and the third petitioner and this Court's consequential clarification and direction read as under:

"(4) Sri. H.B.Datar, Senior counsel submits that the appellants-defendants have no objection whatsoever for the plaintiff getting totally 28 cents of land covered by the documents Exs. P-1 and P-5. The trial Court has decreed the suit of the plaintiff and has given a direction to demarcate 9 cents in extent regarding which possession is ordered to be delivered and the demarcation was to be done at the time of execution. The land bearing 4/3A1 totally measures 43 cents. Out of this land plaintiff has acquired 28 cents as stated above. The defendants have purchased 10 cents under Ex. 2-2 subsequent to Ex.P-1. Mr. Datar submits that defendants have no objection to demarcate 28 cents of land covered by Ex. P-1 and P-5 including 5 cents said to have been sold by plaintiff subsequently to one Jyothi Bai. It is only when any area is required to cover up 28 cents that may be demarcated in the land of the defendants and possession of it may be delivered to the plaintiff.

(5) In view of these submissions, the trial Court on execution side is directed to appoint an advocate as commissioner to measure and demarcate 28 cents of land covered by Ex. P-5 and P-1 including 5 cents of land sold by plaintiff to one Jyothi bai and if any area is required to make up this 28 cents, it will be measured and demarcated on the land of defendants covered by Ex. P-2 so that possession of so much area can be delivered to the plaintiff. The advocate-commissioner shall take assistance of expert."

4. The respondent, after this Court's order as aforesaid on 12.11.1990, has filed the present execution petition, and the executing Court has appointed a Court Commissioner for the purposes of achieving the direction as aforesaid. A learned Member of the bar, who is appointed as th