JUDGMENT :

A.S. CHANDURKAR, J.

1. In this letters patent appeal filed under Clause 15 of the Letters Patent, the judgment of the learned Single Judge in Writ Petition No. 3710 of 2005 decided on 19-12-2008 has been challenged. By the said judgment, the writ petition has been dismissed consequently upholding the order passed by the learned Civil Judge (Junior Division), Morshi in execution proceedings on 3-10-1988 holding the decree in question to be in executable. C.A.Z. No. 6 of 2019 has been filed by the respondents seeking dismissal of the letters patent appeal on the ground that the same is not maintainable.

2. For considering the objection raised by the respondents to the maintainability of the letters patent appeal, it would be necessary to refer to certain relevant facts. The predecessors of the appellants had filed Regular Civil Suit No. 134 of 1967 against the predecessor of the respondents who was described as a licensee for his eviction along with a further prayer for restoration of possession of the suit property which consisted of a tiled room along with kitchen. During the pendency of the said suit the parties entered into a compromise by which it was undertaken by the d