JUDGMENT:- This is an appeal filed by the appellant under Section 47 of the Civil P.C. against the order passed by the learned Joint Civil Judge, Senior Division, Nadiad, in Special Darkhast No.54 of 1968, dated 26th February, 1970.

2. The facts giving rise to this appeal, briefly stated, are as under:

This Darkhast is filed by respondent No.1, Patel Mohanbhai Nanabhai (original defendant No.1) against the appellant-plaintiff for execution of the decree passed in Special Civil Suit No.22 of 1951 - a partition suit between two brothers - on 15-3-1954. Respondent No.2 (original defendant No.2) was an alienee. We are not concerned with him in the present proceedings. Respondent No.1 sought to recover Rs.2,002/- plus the costs of the Darkhast, Rs.7.88 plus the interest amount of Rs.265/-. i.e. in all Rs.2,274.88 paise, from the appellant. Under clause 6 of the decree, the appellant had undertaken an obligation to pay Rs.1,001/- on the first occasion of the marriage of respondent No.1's son or daughter. Rs.1,001/- were also to be paid accordingly on the second occasion of such marriage. If these amounts are not paid, he has been given a right to recover the same from the moveable as well

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