( 1 ) THE original decree holder being aggrieved by the order of the learned Civil Judge (J. D.) Botad dated 29/09/1979 dismissing his execution application seeking to execute the consent decree passed in Regular Civil Suit No. 169 of 1974 on the file of the said Court has come by way of this revision application to this Court. The decree-holder who is the applicant herein and respondent No. 1 are brothers and each one of them was in cultivation and possession of the respective portion of the land of S. No. 106 situated within the revenue limits of village Kariyani admeasuring acres 6-0 gunthas and acres 4-19 gunthas respectively. Since the said land was not divided by metes and bounds they were cultivating their respective portions of land according to their convenience. Since the judgment-debtor-respondent No. 1 herein was trying to dispose of the portion of the land in his possession to respondent No. 2 the applicant filed a suit for possession being Regular Civil Suit No. 169 of 1974 in the Court of Civil Judge (J. D.) Botad on the ground that he has a right to pre-emption on the said portion of the land. In that suit a compromise was arrived at and a consent de