1. Heard counsel for the petitioner. Petitioner is the judgment debtor in Regular Darkhast No.48/2008 pending before the learned Civil Judge (J.D.) Sangamner, District Ahmednagar (herein after referred to as 'executing court'). The petitioner has filed an application under section 47 of the Code of Civil Procedure in R.D.No.48/2008, filed by the respondents/decree holder. Copy of the application filed by the present petitioner annexure 'F' is on record. Few of the facts or proceeding, I am listing herein below :-

a. Respondents/decree holder filed RCS No.456/1986 in the court of learned Civil Judge J.D. Sangamner for specific performance of Contract. Copy of the judgment delivered by the learned 2nd Jt. Civil Judge J.D. Sangamner, on 17.03.1993 is on record. It appears from the operative part of the judgment that suit for specific performance of contract was dismissed with costs by the trial court. The petitioner/defendant was directed to refund amount of Rs.15,000/- in lump sum with and interest @ 6% p.a.on it to the plaintiff within one month from the date of the judgment. Rate of interest 6% was directed to be calculated from the date of the suit till full realizatio