1. Present Appeal From Order, under Order XLIII Rule 1 of the Code of Civil Procedure, is preferred by the appellants herein-original decree holder and the original judgment debtors to quash and set aside the order passed by the learned 2nd Addl. Senior Civil Judge, Surat dated 1.11.2006 below Exh.75 in Special Darkhast No.33 of 2000 by which the learned Executing Court has accepted the objections submitted by the third party and set aside the sale / auction proceedings.

2. This case has a chequered history. Few facts necessary for the determination of the present Appeal From Order in nutshell are as under:

3. The appellant No.1 herein Bharat Dyestuff Corporation, through its sole proprietor Shri Ishwarlal L.Desai, resident of Valsad, instituted two Civil Suits in the Court of learned Civil Judge (S.D.), Valsad being Special Civil Suit No.140 of 1999 and Special Civil Suit No.141 of 1999 against the partnership firm, namely, J.B.Kharvar & Sons and its partners for recovery of money. The appellant Nos. 2 to 6 are the partners of the said partnership firm, namely, J.B.Kharvar & Sons. Both the Civil Suits were compromised and a consent decree came to be passed for the amount of