B.D.SINGH, J.

1. This appeal by Sri Rabindra Narain Lall under S. 47 of the Civil P. C (hereinafter referred as the Code) is directed against the order dated 30-6-1973 passed in Miscellaneous Case No. 7 of 1974 arising out of Execution Case No. 2 of 1973 of a mortgage decree in favour of the respondents who are decree-holders.

2. The appellant is one of the judgment debtors. The relationship of appellant and the respondents would be apparent from the following genealogical table :

3. On 21st of Sept. 1955 Aditya Lall executed a mortgage for conditional sale in respect of his residential house at Kadam Kuan, Mohalla Kadam Kuan in the town of Patna in favour of respondents 1 and 2, but possession of the house was not given to the mortgagees. Six years was the time limit of the payment of principal amount of Rs. 25,000.00 with interest at 4«% from the date of the advance to the date of the payment Shri Aditya Narain Lall died on 25th of Sept. 1959. Thereafter respondents 1 and 2 instituted a mortgage suit No. 97 of 1974 before the Additional Subordinate Judge II Patna, claiming following reliefs :-

i) That a preliminary mortgage decree for a sum of Rs. 23,416.33 paise be passed in favour of the plaintiff and against the defendants and the defendants be directed to pay the said amount to the plaintiffs by an appointed date to be fixed by the Court and if the defendants fail to pay the same, a decree for foreclosure in respect of the 2/3rd share of the property mentioned in para 2 Cl. (vi) of the plaint be passed in favour of the plaintiffs and delivery of possession over the said shares be given to the plaintiffs through the process of the Court by dispossessing the defendants from the same.

ii) That costs of the suit with interest pendente lite and future interest be awarded to the plaintiffs against the defendants.

iii) That such other relief or reliefs to which the plaintiffs be deemed entitled in the eye of law, be also granted in favour of the plaintiffs against the defendants.

Account of claim

Proportionate share of the defendants in the mortgage debt ...... ... Rs. 16666.33 N. P.

Interest from 21-9-1955 to date Rs. 4«% per annum... ... ...... ... Rs. 6750.00 N. P.

Grand Total Rs. 23416.33 N. P.

4. During the pendency of the suit plaintiffs 1 and 2, namely respondents 1 and 2 entered into a compromise with defendant No. 2 on the 23rd Jan. 1970. The relevant portion of the said compromise reads thus :

"Through the intervention of friends and common relatives, the parties have agreed to compromise the above suit, irrespective of their statements in the pleadings, on the terms mentioned hereunder :-

1. That the plaintiffs claim is admitted.

2. That it has been agreed between the parties that defendant no. 2 Shri Rabindra Narayan Lal, alone, will pay and be liable for the claims of the plaintiffs in the suit and will pay a consolidated amount of Rs. 36,000.00 (Rs. Thirty six thousand only) to the plaintiffs in full satisfaction of their claims including principal, interest, cost of the suit; the other defendants are hereby exonerated from all their liabilities.

3. That the defendant no. 2 Shri Rabindra Narayan Lall has paid to the plaintiffs towards part satisfaction of the aforesaid amount, the sum of Rs. 13,000.00 through a Bank draft No. 124338/208 dated 22-1-1970 drawn on the Allahabad Bank, Limited Patna University Branch, Patna 4 in the name of plaintiff No. 1, Shrimati Nirmala Sinha by way of first instalment and the remaining sum of Rs. 23,000.00 shall be paid to the plaintiffs within 18 months from this date and the payment of the said remaining sum of Rs. 23,000.00 shall be made in three equal instalments of Rs. 7667/-payable every six months and in default of payment of the amount of Rs. 15334/-(i. e. two instalments) by the end of one year interest calculated at 6% per annum shall be payable on the amount of the two instalments then due by the defendant No. 2.

4. That in consideration of the fact that defenda