ORAL JUDGMENT:- This appeal by original defendant No. 29 under section 96 of Code of Civil Procedure challenges the judgment and decree dated 30th April, 1962 delivered by Civil Judge (Senior Division), Achalpur, in Special Civil Suit No. 7 A of 1954 filed by present respondent No. 2 and her son i.e. present respondent No. 1 for redemption of mortgage and specific performance of agreement to reconvey the property. Division Bench of this Court on 23-61971 disposed of this appeal along with First Appeal No. 93 of 1962 filed by Narayanrao i.e. original defendant No.3 and First Appeal No. 20 of 1963 filed by Taradevi, original defendant No. 1 who happens to be mother-in-law of present respondent No.2. Division Bench found that the matter was compromised and hence in view of said agreement of compromise between original plaintiffs on one hand and original defendant No. 3 on the other hand, it modified the decree of trial Court accordingly. Defendant No. 29 in said suit and appellant in present appeal then approached Hon'ble Apex Court in Civil Appeal No. 837 of 1972 complaining that his grounds of attack were not affected by said agreement of compromise and Division Bench could not have

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